Southern Pac. Co. v. Western Pacific California R.

This is the second time that the instant case has been before this court, on an appeal from a final decree entered by the District Court on February 28,1930.

The decree permanently restrained the appellant, defendant below, from constructing, maintaining, or operating a partly completed railroad track upon any territory in San Mateo county, Cal., lying east of the location of the proposed railroad of the appellee, between the appellee’s said proposed railroad and San Francisco Bay, and between South San Francisco and Redwood City; and from constructing, maintaining, or operating the said partly completed railroad track upon any territory in San Mateo county lying east of the present located line of the Bay Shore Highway and between the said highway and the deep water channel of San Francisco-Bay and between the cities of South San Francisco and Redwood City, “unless and until there has first been obtained from the Interstate Commerce Commission * * * its certificate that the present or future public convenience or necessity requires or will require the construction of such extension.”

On the first appeal, this court was of the opinion that, in the circumstances, the appellee was…