People ex rel. Robinson v. Pittsburgh R.R.
Cases that cite this one
6 later published cases cite this decision.
- Reter v. Davenport, Rock Island & North Western Railway Co. (Iowa 1952)
- Neitzel v. Spokane International Railway Co. (Wash. 1911)
- Concerned Citizens, United, Inc. v. Kansas Power & Light Co. (Kan. 1974)
- Limits Industrial Railroad v. American Spiral Pipe Works (Ill. 1926)
- State ex rel. Harlan v. Centralia-Chehalis Electric Railway & Power Co. (Wash. 1906)
- People ex rel. Attorney-General v. Dashaway Ass'n (Cal. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The demurrer to the complaint was improperly sustained. In its proceedings for the condemnation of Los Medanos Rancho for railway purposes, the defendant (assuming to exercise the eminent domain) purported to act as agent of the State in the appropriation of private property for public use. It now appears by the complaint, however, that this assumption was a mere false pretense; that the use for which these lands were taken was, in fact, a mere private use, and one to which the eminent domain is of course inapplicable. The proceedings in condemnation amounted to an imposition upon the Court before which they were had.
It is certainly competent for the State, upon discovering the misuse of its authority, whereby the private property of one of its citizens has been wrongfully taken for the private use of another, to interpose by its Attorney-General to correct the abuse.
Judgment reversed and cause remanded, with directions to overrule the demurrer to the complaint. Remittitur forthwith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.