Eustace v. Jahns

Citations

• 38 Cal. 3

Syllabus

<p>Repairs to Streets or Highways.—The owner of land, bordering upon public streets or highways, is not bound to lceep them in repair.</p> <p>Repairs to Streets and other Public Thoroughfares in San Francisco.— The law does not impose upon the owner of a lot fronting upon a public street m San Francisco, the duty of repairing defects in the portions of the street upon which Ms lot abuts.</p> <p>Streets and other Thoroughfares in San Francisco.—The legislative charter of the City and Couniy of San Francisco confers the entire control, supervision and management of all the public streets, thoroughfares, etc., within its corporate limits, upon the Board of Supervisors and Superintendent of Public Streets and Highways.</p> <p>Consolidation Act—Construction of the 24th Section as amended in 1863.— The design, and only effect of tMs section, is, to exempt the city and county from the liability for injuries wMeh would otherwise attach to it, by reason of the exclusive control of the streets and public highways, conferred upon it by other sections of the statute, and to transfer such responsibility to individual officers, agents and employes of the corporation.</p> <p>Statute of April 26, 1862.—The application of the Act “requiring compensation for causing death by wrongful act, neglect or default,” is not to be extended to any matters not embraced in the strict letter of the statute.</p> <p>Action against Administrator.—No action can be maintained against an administrator, as stich, that is founded upon malfeasance or misfeasance, or for a tort.</p> <p>Idem.—No action can. be maintained to charge the estate of a deceased person upon a money demand, unless the claim has been previously presented to the administrator for Ms allowance.</p>