Bancroft v. City of San Diego

Citations

• 120 Cal. 432
• 52 P. 712
• 1898 Cal. LEXIS 783

Syllabus

<p>Municipal Corporations—Change op Grade op Street—Damage to Abutting Lot—Street Railroad.—In an action against a municipality to recover for damages alleged to have been occasioned to a lot of the plaintiff by reason of a change in the grade of a street upon which it abuts, the estimate of the damage should be made by considering the value and condition of the lot as of the time the work Of . changing the grade was done, and not as of the time the ordinance changing the grade was passed; and if, between such times, a street railroad, in pursuance of a requirement of its franchise, lays its tracks on the official grade, the damage thereby occasioned the lot cannot be recovered in such action against the municipality.</p> <p>Id.—City not Liable fob Work of Railroad.—A municipality is not liable to an adjoining proprietor for damage occasioned his lot for work done by a street railroad, acting under a franchise derived from the city, in laying its tracks upon the official grade as required by its franchise. For such damages the railroad is alone liable.</p> <p>Id.—San Diego—Claims fob Damage—Presentation to Common Council.— The city of San Diego cannot be held liable in an action against it to recover damages occasioned an adjoining proprietor from a change of the grade of the street, unless the claim for damages ’ has been presented to the common council within six months after the occurrence from which the damages arose, as required by section 10, chapter 2, of article 2 of its charter. (Stats. 1889, p. 658.)</p>