Fanning v. Bohme

Citations

• 76 Cal. 149
• 18 P. 158
• 1888 Cal. LEXIS 843

Syllabus

<p>Street Assessment—San Francisco—Act oj? April 1, 1872—Grading — Determination that Adjacent Blocks had been Graded.—The board of supervisors of the city and county of San Francisco, upon the recommendation of the superintendent of streets, were authorized, by the act of April 1, 1872, to order a block of a street to be graded, without a petition therefor from the property owners, whenever two or more adjacent blocks had been graded on each side of the ungraded one. The grading for which the assessment in question was levied was done under an order so made, upon the determination by the city officials that an adjacent block had been graded about twenty years previously. In the action to foreclose the assessment, the evidence showed that the present grade of the adjacent block varied in places from the official grade, the variation ranging from a few inches to a foot and three quarters. Held, that the evidence was insufficient to overcome the presumption that the block had been graded.</p>