McDonald v. S. Cal. Ry.

Citations

• 101 Cal. 206
• 35 P. 646
• 1894 Cal. LEXIS 1008

Syllabus

<p>Nuisance—Negligent Construction of Bridge—Liability of Railway Company—Grant—Consolidation of Corporations.—Where a bridge erected by a railway company causes or constitutes a nuisance, a railway corporation which is the grantee of the company erecting the bridge is liable only for knowingly using a structure which is a nuisance, but if the owner of the bridge is a consolidated company of which the company erecting the bridge is a constituent, it is liable for original negligence in the construction of the bridge.</p> <p>Id.—Pleading—Admissions in Verified Answer—Distinct Defenses. An admission or averment in a verified answer, in a separate and distinct defense, as to the fact that the defendant was a consolidated corporation, is not evidence against the defendant upon issues tendered in other defenses contained in the same answer, consisting of denials only.</p> <p>Id.—Licensing Private Nuisance—Deed of Right of Way—Constructed Railroad Bridge.—Where the bridge which was claimed to be a nuisance was constructed at the time of a deed of grant by the owner of the land, across which the bridge was built, conveying a right of way to the railroad company over the land for the main track of the railroad, as the same was then located, constructed, and operated, such grant licensed the maintenance of the road and bridge as constructed, and the railroad company cannot be deprived of the benefit of the grant by any claim on the part of the owner of the land that the bridge constituted a private nuisance.</p>