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eBook details

• Title: County Of Alameda V. Southern Pacific Co.
• Author : Supreme Court Of California
• Release Date : January 06, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

The county of Alameda (hereinafter called the county) filed a complaint against Southern Pacific Company (hereinafter called Southern Pacific) and California Rock and Gravel Co. (hereinafter called Rock) for indemnity, arising out of the following facts: On October 25, 1932, by resolution the county granted Rock a permit to construct, maintain and operate a spur track across a certain county road from the Southern Pacific tracks to Rock's property. This was to be used by Southern Pacific to haul gravel from Rock's property. The permit required Rock to "place the road ways back in the same condition as they were before said excavation was made" and further, that in case of the revocation or abandonment of the permit Rock would remove the tracks and restore the surface of the crossing to its original condition. On October 28, 1932, Southern Pacific applied to the California Railroad Commission for authority to construct the same spur track and on November 21, 1932, the commission granted it such authority, providing in its order that Southern Pacific should bear "the entire expense of constructing and thereafter maintaining" such crossing. The crossing was actually constructed by Rock under its permit from the county. On December 28, 1932, Southern Pacific and Rock entered into a written "industrial track agreement" under which Southern Pacific agreed "to operate said track and to serve Industry [Rock] thereon" under terms and conditions therein agreed to by the parties, and providing further that "said track shall be under full control of Railroad [Southern Pacific] and may be used at discretion of Railroad for its business or for shipment or delivery of any freight,   but not to the detriment of the business of the Industry." Thereafter, Southern Pacific operated trains regularly across said track for the purpose of

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