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ATCHISON, T. & S.F. RY. CO. v. JAMES STEWART CO.

Docket No. 28822.

246 Cal.App.2d 821 (1966)

55 Cal. Rptr. 316

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff and Respondent, v. JAMES STEWART COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

December 5, 1966.

Attorney(s) appearing for the Case

Ives, Kirwan & Dibble and Martin J. Kirwan for Defendant and Appellant.

John J. Balluff, Matthew H. Witteman, Henry M. Moffat and Richard K. Knowlton for Plaintiff and Respondent.

FILES, P.J.

This is an action for damages for breach of an agreement relating to a private railway crossing. After a court trial judgment was for plaintiff, from which defendant is appealing.

Defendant James Stewart Company (hereinafter called Stewart), a building contractor, was engaged in a construction job on a site adjacent to the plaintiff railway's line in Rose Canyon, north of San Diego. In order that Stewart might have direct access to Highway 101...

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