# Omnibus Railroad v. Baldwin

> California Supreme Court · July 1, 1881 · 57 Cal. 160

URL: https://www.frixlaw.com/law-library/cases/5440101

## Case

- **Full name:** OMNIBUS RAILROAD COMPANY v. A. R. BALDWIN
- **Court:** California Supreme Court
- **Decided:** July 1, 1881
- **Citations:** 57 Cal. 160
- **Precedential status:** Published
- **Opinion:** Dissent by Thornton
- **Judges:** McKinstry, Myrick, Ross, Sharpstein, Thornton
- **Cited by:** 14 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/5440101

## Opinion text

Thornton, J., dissenting:
I dissent. Conceding that the seventeenth section of the Act of 1872 is void, I am nevertheless of opinion that the track of the plaintiff corporation as laid down was lawfully in place, and that it could not be removed by defendants without its consent, and another put in its place, which it would be allowed by defendants to use. (See Railway Co. v. Alling, 99 U. S. 463, 475 .) The injunction was improperly dissolved. The order of the Court below should be reversed, and the injunction restored.
Mobbison, C. J., dissented.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5440101. Public record. Not legal advice.