Bassett v. Enwright

Citations

• 19 Cal. 635

Syllabus

<p>Where the complaint avers that “the space formed by the junction of Market and Bush streets had been laid out, graded and planked, and that the space formed as aforesaid is a space formed by the junction of two streets, terminating at the same point, according to the provision of section thirty-seven of the Consolidation Actand the answer avers, that “the space formed by the junction of Market and Bush streets, as mentioned in the complaint, is not formed by the junction of two streets terminating at the same point, within the true intent and meaning of the thirty-seventh section of the Consolidation Act:” Held, that the answer meets the allegation of the complaint as to the manner in which the space is formed, and that if no material issue is made on tins point, it is because the material fact, to wit: that the space was formed by the junction of two streets terminating at the same point, is not directly alleged.</p> <p>The expressions “ according to ” and “ according to the true intent and meaning of,” as here used, mean the same thing.</p> <p>That part of section thirty-seven of the Consolidation Act of San Erancisco, which speaks of a “space formed by the junction of two streets terminating at the same point,” does not mean a space formed by the intersection of. two streets; or the space formed where one street intersects and stops at another street which continues on—as where Battery intersects and stops at Market street; and for repairs to such space all the lots in the block adjoining the space cannot be assessed—the latter part of section thirty-seven not applying to such a case, and the provision therein for assessing all the lots where the streets are not parallel, and hence the blocks are of irregular shape, also being inapplicable.</p> <p>Eor repairs to the space formed by the intersection of Battery and Market streets, the Consolidation Act makes no provision, unless the expenses of such repair's could be charged as local repairs under s iction fifty