Appeal of North Beach & Mission Railroad

Citations

• 32 Cal. 499
• 1867 Cal. LEXIS 97

Syllabus

<p>Street Bail Boad is Property.—The interest in the street of a street railroad company authorized hy statute to lay down a track in the streets of a city and run cars over it for the conveyance of passengers for hire, is an easement in the land) and the estate of such company in the street is real property.</p> <p>Street Railroad—Its Value.—The estate of such street railroad company in the streets of the city is property capable of being enhanced in value by the widening of the street, and by such widening a substantial benefit may accrue to the railroad company.</p> <p>Construction op Statutes.—In construing statutes the object to be accomplished by the Act is to be ascertained, and its provisions considered, and so construed, if possible, that all its parts may have effect and operate harmoniously to effectuate that object.</p> <p>Constitutionality op Act por Widening- Streets.—The Act of April 4th, 1864, giving power to the Board of Supervisors of San Francisco to widen streets, etc., does not prescribe a rule for the apportionment of the expenses of the improvement for the owners of lots deemed benefited different from that prescribed for railroad corporations benefited, and it is not, therefore, in this respect unconstitutional.</p> <p>Idem.—Said rule for the apportionment of expenses is, in both cases) according to the ratio of benefits received.</p> <p>Questions Considered on Appeal.—Upon an appeal from a judgment of the County Court confirming the report of Commissioners in apportioning the expenses of widening a street according to the benefits received, it is unnecessary to consider the questions arising upon the proceedings for collecting the assessment made for such expenses, or whether the amount assessed is properly made a lien on property, or whether the mode of enforcing payment of the assessment is constitutional.</p> <p>Error to be Shown by Record.—Upon an appeal from a judgment of the County Court confirming the report of Commissioners apportion