Pac. Bridge Co. v. Kirkham

Citations

• 54 Cal. 558

Syllabus

<p>Bridge Assessment—Findings — Dedication.—In an action to enforce an assessment for a bridge—constructed under an act of the Legislature, by the City of Oakland—the answer alleged that the bridge in part rested upon and passed over private property; and the Court found that a portion of the land upon which the bridge rested was claimed as private property by the defendant and others, and by a corporation; and further found, in effect, that there had been a grant or dedication of the right of way by the claimants, other than the corporation, and that the.President and other members of the corporation, individually, but not in their corporate capacity, had given their consent to the use of the land for the bridge, and thus dedicated it to the use of the same. Held, that, if the bridge rested in part on private land, the assessment was void, and the findings defective in not finding upon this issue; and that the probative facts found did not establish a dedication by the corporation; and held, farther, that, the averment of the answer having been treated as sufficient in the Court below, and no special demurrer having been interposed, it was too late to object to its sufficiency.</p>