Los Angeles herald., 1891-09-06
THE LAST SAY.
DECISIONS RECEIVED YESTERDAY
FROM THE SUPREME COURT.
Five Opinions Handed Down from the
Bench-The Decisions and Their Legal
Points in Brief.

more yesterday received five opinions
from San Francisco on cases. appealed
from the superior courts OF this district.
In the case of Emma g. Latin ct al.
(appellant) vs.. Henry T. Hazard (re-
spondent), the supreme court afirms
the judgment of the lower court and
finally decides the case, which is one of
considerable interest to this city.
The plaintiffs appealed from judg-
ment against them on demurrer to
their complaint. The action was to
enforce specific performance of an agree
ment between James Mclaughlin,
former owner of the Second-street cable
line and number of persons who owned
various tracts of land in Los
Angeles and vicinity. Some of them
agreed to convey to him certain lands
and to give him the right of way for a
street railroad, in consideration of which
he agreed to extend and operate his
steam dummy railroad through and by
| their lands on route designated. Mo
Laughlin stipulated "that the road
shall be well and substantially built
and operated by steam dummy motive
power for period of not less than ten
| years, and shall have carrying capacity
and speed equal to all the requirements
of said section and the business there
Of" He further agreed that the fares
should not exceed certain specified rates,
and that the rate so established should
not be raised for period of ten years.
The agreement was to be held in escrow
till the completion and operation OF the
railroad.
Plaintiff brings the suit as the as
signee of Mclaughlin, and AYERS that
his part of the contract has been full
filed. The court holds, however, that
the continued operation of the road was
an important part of the consideration
of the case. Indeed, beyond the gene
raj allegation that Mclaughlin has fully
performed his agreement there is no
averment that the road is now being
operated" The dummy line in ques-
tion was the road running from the ter
minus of the cable line on Belmont
avenue out into the Cahuenga valley.
The opinion of the court will result in
the forfeiture OF the lands granted to
Mclaughlin.
A PASADENA WATER CASE.
In the case of Painter ct al, respond
ents, vs.. the Pasadena Land and Water
company ct al, appellants, the order
denying new trial is affirmed, but the
cause is remanded for modification of
the decree. The plaintiffs sued ID re-
strain the defendants from appropriat-
ing water from certain tract of land,
and obtained a permanent injunction.
| The land in question was bought by
| PLAINTIFF grantors from the Lake Vine
yard Land and Water company, who
reserved the right to all the water on
| the land, except what might be neces-
sary for the plaintiffs' grantors to use
| for domestic purposes. The plaintiffs
claim that they need all the water for
domestic purposes and are sustained by
the lower court. The supreme court
holds that the superior court went too
far in it's judgment, and awards the de-
PENDANTS the right to enter on the land
and use all the surplus water.
| sAPPENFIELD LOSES HIS CASE.
The judgment and order of the su-
perior court of this county in the case
of Sappenfeld (respondent) vs. the Main
| Street and Agricultural Park Railway
company (appellant) is reversed. The
plaintiff was employed as driver on
| the defendants cars, and on November
%, 1888, while engaged in the service of
the defendants driving a horse named
Dan attached to car No. 4, at the corner
of Main and Tenth streets, the horse be-
came detached from the car and threw
the plaintiff to the track, where he was
| run over by the car and received serious
| injury, necessitating the amputation of
one of his legs. The plaintiff sued for
damages and was awarded judgment by
a jury. The supreme court holds that
the company took all necessary precau-
tions for the safety of its employees and
was not to blame for Sappenfeld's in
| juries.
OTHER DECISIONS.
In the case of M. L. Ferguson (re-
spondent) VS.. Alexander Mclean and
A. V. Bells (appellants), an action to
recover on the assignment of contract
to purchase land, the judgment and
order of the superior court of San Ber-
nardino county is reversed and the cause
is remanded.
In the case of Conception Alaniz (re-
! spondent) vs. Pierre Casenave (appel-
lant), an action for ar accounting and
to compel the reconveyance Of real es-
tate, the judgment and order of the
lower court are affirmed.