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CALIFORNIA v. SOUTHERN PACIFIC CO.

No. 7. Original.

157 U.S. 229 (1895)

CALIFORNIA v. SOUTHERN PACIFIC COMPANY.

Supreme Court of United States.

Decided March 18, 1895.

Attorney(s) appearing for the Case

Mr. W.H.H. Hart, Attorney General of the State of California, opened for plaintiff. Mr. Aylett R. Cotton was on his brief.

Mr. William M. Stewart for defendant.

Mr. J. Hubley Ashton for defendant.

Mr. John S. Miller and Mr. William R. Davis as amici curiœ, and as counsel for the city of Oakland. Mr. James A. Johnson, Mr. William Lair Hill, Mr. Edward J. Pringle, and Mr. H.A. Powell were on their brief.

Mr. Harvey S. Brown filed a brief for defendant.

Mr. John K. Cowen for defendant. Mr. Hugh L. Bond, Jr., was on his brief.

Mr. William H.H. Hart, Attorney General of the State of California, closed for plaintiff.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

By the third of our general rules it is provided: "This court considers the former practice of the courts of king's bench and of chancery, in England, as affording outlines for the practice of this court; and will, from time to time, make such alterations therein as circumstances may render necessary." 108 U.S. 574. This rule is, with the exception of some slight verbal alterations...

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