FREDERICK H. SMITH, on his own behalf and on behalf of the State of California v. THE OMNIBUS RAILROAD COMPANY, 36 Cal. 281

By the Court, Sanderson, J. : This ease is not distinguishable from Reed v. The Omnibus Railroad Company, 33 Cal. 212, and Taber v. The Omnibus Railroad Company, decided at the October Term, 1867, [not reported,] and upon the authority of those cases the judgment must be affirmed. So ordered.