Diggins v. Hartshorne

Citations

• 108 Cal. 154
• 41 P. 283
• 1895 Cal. LEXIS 838

Syllabus

<p>Streets—Judicial Notice—Dedication—Passage of Ordinance—Questions of Fact.—The courts will take judicial notice of streets established by act of the legislature, and of their relation to each other, and of the directions in which they run; but they do not take judicial notice of the existence and location of streets established by dedication, or opened or adopted by a municipal ordinance. The dedication or the passage of the ordinance is a question of fact to be determined upon the sufficiency of evidence.</p> <p>Id.—Location of Official Street—Street Improvement—Validity of Assessment—Finding—Conflict of Evidence.—Where the actual location of an official street is an essential fact in determining the validity of an assessment for a street improvement, and the evidence is conflicting as to its location, the finding of the court upon that question cannot be disturbed upon appeal.</p> <p>Id. — Jurisdiction of Supervisors of San Francisco — Location of Streets.-—Under the statute of 1871-72, declaring that all the streets laid down on the maps in the office of the city and county surveyor, commonly known as the “Brooks and Potter map” and “Humphreys’ map, ” are public streets for the purpose of the law, the board of supervisors has jurisdiction to order the improvement of any of the streets delineated on either map, and to order the grading of the whole or any part thereof.</p> <p>Id.—Statutory Construction—Reference to Maps—“And ” Construed as “ Or.”—The statute of 1871—72 cannot be construed so as to require that the streets therein referred to shall be those delineated upon both maps described in the statute, but gives jurisdiction to the supervisors over each street, or any part thereof, as delineated upon either map, and the word “and” as used in the statute in reference to the maps is to be construed as “or.”</p> <p>Id.—Acceptance of Work before Completion of Contract—Appeal. Where the superintendent has accepted the work before the completion of the contract