Conniff v. City of San Francisco

Citations

• 67 Cal. 45
• 7 P. 41
• 1885 Cal. LEXIS 539

Syllabus

<p>Municipal Corporation—Grading Street—Tkbspass — Obstructing WaterCourse —Montgomery Avenue Improvement. — In grading Montgomery A venue under the Act of April 3,1876, the city and county of San Francisco had no authority to erect an embankment across a natural water-course in such a manner as to obstruct the natural flow of the waters therein, and cause them to run over and permanently remain on the land of an adjoining proprietor. Such conduct is a trespass amounting to the taking of the property of another. The former Constitution of California under which the work was done renders void all legislation purporting to authorize such a proceeding.</p> <p>Id.—Action por Injuries — Statute of Limitations.—The Act of Aprils, 1876, does not provide a modo of compensation for such damages, ana consequently the party injured may maintain an ordinary action therefor against the municipality. Such an action is not barred until the expiration of three years from the time the cause of action accrued.</p>