California Southern Railroad v. Southern Pacific Railroad
THE CALIFORNIA SOUTHERN RAILROAD CO. v. THE SOUTHERN PACIFIC RAILROAD CO.
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
The Court.
This action was brought to condemn land for the use of a railroad. The defendant demanded a change of venue on the ground that its principal place of business was in the city and county of San Francisco, and that the action should have been there commenced. The court denied the motion. Sufficient authority for the order of the court is found in section 1243 of the Code of Civil Procedure, which declares that actions of this character must be brought in the Superior Court of the county in which the property is situated. The real estate sought to be condemned is in San Bernardino County; therefore, that was the proper county for the commencement of the action, and for its trial. For this reason, and also for the reasons given in Cal. S. R. R. Co. v. S. P. R. R. Co. ante, p. 293, the order is affirmed.
Cited by
- John Heinlen Co. v. Superior Court Civ. No. 1058. · 1911-12-16