Rooney v. Sacramento Valley R.R.

California Supreme Court

Rooney v. Sacramento Valley R.R.

6 Cal. 638

DecidedJuly 1, 1856

StatusPublished

This text of 6 Cal. 638 (Rooney v. Sacramento Valley R.R.) 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

Rooney v. Sacramento Valley R.R., 6 Cal. 638 (Cal. 1856).

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Opinion

The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

Mr. Chief Justice Murray and Mr. Justice Terry concurred.

The position taken by appellants maintains that the money assessed as damages against the railroad company must be paid to F. and H., who, although trespassers, were in possession at the time of the damage, and they would be liable over, to the true owner of the land.

The rules of law never encourage circuity of action, and, as it seems that the true owner of the land had obtained possession before the money was paid out, he is entitled to receive it.

Judgment affirmed.

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The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

Mr. Chief Justice Murray and Mr. Justice Terry concurred.

The position taken by appellants maintains that the money assessed as damages against the railroad company must be paid to F. and H., who, although trespassers, were in possession at the time of the damage, and they would be liable over, to the true owner of the land.

The rules of law never encourage circuity of action, and, as it seems that the true owner of the land had obtained possession before the money was paid out, he is entitled to receive it.

Judgment affirmed.

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Bluebook (online)

6 Cal. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rooney-v-sacramento-valley-rr-cal-1856.