# Stockton v. Common Council of Stockton

> California Supreme Court · July 1, 1871 · 41 Cal. 147

URL: https://www.frixlaw.com/law-library/cases/5437387

## Case

- **Full name:** THE STOCKTON AND VISALIA RAILROAD COMPANY v. THE COMMON COUNCIL OF THE CITY OF STOCKTON
- **Court:** California Supreme Court
- **Decided:** July 1, 1871
- **Citations:** 41 Cal. 147
- **Precedential status:** Published
- **Opinion:** Concurrence by Sprague
- **Judges:** Crockett, Sprague, Temple, Wallace
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5437387

## Opinion text

Sprague, J., concurring:
I concur in the order solely upon the ground that I cannot now .regard the questions involved in this ease as open questions in this State under our Constitution as it is. This Court having, by a uniform line of decisions, commencing with Patterson v. Marysville, 13 Cal. 175 , sustained and sanctioned laws substantially obnoxious to the same constitutional objections as the statute involved in this case, the questions should be considered settled. Could I regard the questions involved as original in this State, I should not hesitate in *202 denying the order asked by the petitioner, notwithstanding the long array of authorities from other States to the contrary.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5437387. Public record. Not legal advice.