People ex rel. Board of State Harbor Commissioners v. Potrero & Bay View Railroad

Citations

• 67 Cal. 166
• 7 P. 445
• 1885 Cal. LEXIS 589

Syllabus

<p>Navigable Stream—Street Bailroad—Implied Grant op Bight to Build Bridge__A grant by the legislature of the right to build a street railroad over a designated route which crosses a navigable stream, includes 'the right to build a bridge over the stream.</p> <p>Id.—Act Admitting California into Union—Power of State over Navigable Streams. — The provision of the act of Congress admitting California into the Union, which declares “that all navigable waters within the State shall be common highways and forever free,” etc., does not impair the power of the State to authorize the construction of bridges over navigable streams.</p> <p>Id.—Power to Construct Bridge. — While the power of the State with respect to the construction, regulation, and control of bridges over navigable streams is subordinate to that of Congress, still until Congress acts on the subject the power of the State is plenary.</p> <p>Id.—Authorized Bbidge not a Nuisance.—A bridge over a navigable stream, built in pursuance of a valid authorization from the State, cannot he adjudged a nuisance.</p>