Cardwell v. County of Sacramento

Citations

• 79 Cal. 347
• 21 P. 763
• 1889 Cal. LEXIS 733

Syllabus

<p>Navigable Streams—American River—Bridge without Draw — Injunction__The legislature has, in effect, declared that the American River is a non-navigable stream, by dropping it wholly from the list of navigable waters, after successive amendments placing the limit of navigation lower and lower down; and no action will lie to enjoin the county of Sacramento from constructing a bridge across said river without a draw.</p> <p>Id.—Definition of “Navigable Streams.”—The term “navigable streams,” as used in section 2875 of the Political Code, prohibiting the construction of bridges across them without draws, and in section 3479 of the Civil Code, providing that anything which obstructs the free passage of any navigable river or stream is a nuisance, does not include any streams which are merely navigable at certain seasons of the year when the water is high, or any streams other than such as have been declared navigable by the legislature, or are generally navigable in fact during ordinary stages of water.</p>