California Southern Railroad v. Southern Pacific Railroad
Cases that cite this one
8 later published cases cite this decision.
- Mills v. Smiley (Idaho 1903)
- State v. Griffin (Idaho 1895)
- Harper v. Hildreth (Cal. 1893)
- Goyhinech v. Goyhinech (Cal. 1889)
- Davis v. Donner (Cal. 1889)
- Eureka & Trinidad Railroad v. McGrath (Cal. 1887)
- Reay v. Butler (Cal. 1886)
- Tripp v. Santa Rosa Street R.R. (Cal. 1886)
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
This is an appeal from an order denying a motion made by the defendant to set aside the final order of condemnation, made in certain condemnation proceedings. The order denying the motion is not appealable. “ It was,” as said in Henley v. Hastings, 3 Cal. 342, “the mere negative action of the court declining to disturb its first decision. It is that decision which is the proper subject of complaint, and the refusal to alter it any number of times would not make it less so.”
The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.