Ford v. Santa Cruz Railroad

California Supreme Court

Ford v. Santa Cruz Railroad

59 Cal. 290

CourtCalifornia Supreme Court

DecidedJuly 15, 1881

DocketNo. 6,975

StatusPublished

Cited by6 cases

This text of 59 Cal. 290 (Ford v. Santa Cruz Railroad) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ford v. Santa Cruz Railroad, 59 Cal. 290 (Cal. 1881).

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Opinion

The Court:

The facts alleged and found show special damage to Rudolph and his lot not common to the public at large. The defendant was liable only for damages actually sustained prior to the commencement of the suit (Hopkins v. W. P. R. R. Co., 50 Cal. 190), and none other was allowed. Neither the statute nor any ordinance of the city authorized the use by defendant of the street in such manner as interfered with the use by the public, or prevented ingress and egress to or from the property lining the street.

Judgment affirmed.

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The Court:

The facts alleged and found show special damage to Rudolph and his lot not common to the public at large. The defendant was liable only for damages actually sustained prior to the commencement of the suit (Hopkins v. W. P. R. R. Co., 50 Cal. 190), and none other was allowed. Neither the statute nor any ordinance of the city authorized the use by defendant of the street in such manner as interfered with the use by the public, or prevented ingress and egress to or from the property lining the street.

Judgment affirmed.

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Bluebook (online)

59 Cal. 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-santa-cruz-railroad-cal-1881.

Opinion

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