Reardon v. City of San Francisco

Citations

• 66 Cal. 492
• 6 P. 317
• 1885 Cal. LEXIS 482

Syllabus

<p>Municipal Cobpobations—Stbeet Impbovbment—Liability fob Consequential Damages.—Unless imposed by statute or organic law, no liability attaches to a municipal corporation for consequential damages to adjoining property, resulting from a street improvement done by it in a lawful manner and without malice. Under such circumstances, it is the duty of adjoining proprietors to protect their property.</p> <p>Id.—Damaging Pbivate Pbopebty — Constitutional Law.—But under a constitutional provision that “private property shall not be taken or damaged for public use, without just compensation having been first made to the owner,” a municipal corporation is liable for such special consequential damages as the adjoining proprietor receives over and above the common injury to the other abutters on the street, or the general public.</p>