Southern Pac. Co. v. City of Willow Glen

This is an appeal from the decree enjoining the appellant from proceeding with the construction óf a double-track railway “or operating thereon any railroad” upon its land within the city of Willow Glen, a municipal corporation of, Santa Clara, Cal., unless and until said appellant obtains, from the city council of the city of Willow Glen by two-thirds vote thereof the grant of the right to so use said land. The action is predicated upon section 470 of the Civil Code of the state of California, which provides as follows : “No railroad corporation must use any street, alley, or highway, or any of the land or water, within any incorporated city or town, unless the right to so use the pame is granted by a two-third vote of the town or city authority from, whieh the right must emanate.”

The action was brought in the superior court of the state of California in and for the county of Santa Clara and Was removed to the. United States District Court for the Northern District of California because of diversity of citizenship ; the appellant being a corporation organized under the laws of the state of Kentucky; After removal the appellant answered the complaint admitting all the…