Davis v. San Lorenzo Railroad

Rhodes, J., Wallace, C. J., and McKinstry, J., concurring:

We concur in the judgment and in the proposition upon which it is mainly based—that the occupation of land by the corporation for its own purposes, pending the proceedings for condemnation, is a taking of the property within the meaning of the Constitution, and that as the bond does does not cover such taking, the section of the statute under consideration is void.

Mr. Justice Niles did not express an opinion.