Severns v. Union Pacific Railroad Co. (2002)

GARY M. SEVERNS, Plaintiff and Respondent, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Appellant.

[Modification of opinion (101 Cal.App.4th 1209) on denial of petition for rehearing.]

THE COURT.- fn. *

Respondent's petition for rehearing filed on September 20, 2002, and the document entitled "Joint Stipulation of the Parties for Modification of Opinion" filed on September 27, 2002, have been read and considered.

The opinion is modified as follows.

The sentence which reads, "The judgment is reversed" on page 25 [101 Cal. App. 4th 1228, advance report] of the slip opinion under the heading "Disposition" is deleted. The following sentence is inserted in its place: The judgment is reversed to the extent it quieted title on behalf of respondent Gary M. Severns in the Railroad Right of Way.

This modification constitutes a change in the judgment.

The petition for rehearing is denied as moot.

FN *. Before Vogel (C. S.), P. J., Epstein, J., and Curry, J.