Oliver Wendell Holmes, Jr.

“ We assume in accordance with the plaintiff's evidence and argument that the damage may be considerable and we think it just to leave open whatever can be left open, but at present we cannot say that the loss is or will be of such a character that it must be paid for, and we are satisfied that it is not such as to call for equitable relief. ”

“ The franchise of the plaintiff to maintain, its two tracks on Market street was granted to its predecessor in title in September, 1879. At that time by section 499 of the Civil Code of California, 'two corporations may be permitted to use the same street, each paying an equal portion for the construction of the track; but in no case must two railroad corporations occupy and use the same street or track for a distance of more than five blocks.' The existence of this general law is the first ground relied upon for the assertion of exclusive rights in the street by the plaintiff. ”

“ But as that would require new evidence and practically would present a new case, and as further, with such light as we now have, the right to damages seems at least doubtful, we deem it sufficient if the rights of the plaintiff, if any, in that regard, are reserved. ”