# Yosemite Stage & Turnpike Co. v. Dunn

> California Supreme Court · February 28, 1890 · 83 Cal. 264

URL: https://www.frixlaw.com/law-library/cases/5444484

## Case

- **Full name:** YOSEMITE STAGE AND TURNPIKE COMPANY v. JOHN P. DUNN, Controller, etc.
- **Court:** California Supreme Court
- **Decided:** February 28, 1890
- **Citations:** 83 Cal. 264; 23 P. 369; 1890 Cal. LEXIS 677
- **Precedential status:** Published
- **Opinion:** Concurrence by Fox
- **Judges:** Foote, Fox
- **Cited by:** 7 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/5444484

## Opinion text

Fox, J., concurring.
I concur in the order for the writ. There was no provision in the original lease that the road should revert to the state at the expiration of the term, or ever, but there was a provision that the state, or the board of commissioners, might become the purchaser thereof whenever it should so elect. The state or board did not purchase, during the term, but permitted the petitioners to remain in possession for the time *270 being, and subsequently made to them a second lease for ten years. The board of commissioners, on behalf of the state, is now buying out the road, as it was originally provided it might do. I think they have the right to make the purchase; of the policy of doing it this court is not the judge.
Sharpstein, J., concurred in the opinion of Mr. Justice Fox.
Paterson, J., dissented.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5444484. Public record. Not legal advice.