Shaw v. Crocker

Citations

• 42 Cal. 435

Syllabus

<p>Right of City to Raise Grade of Street—Damages.—A city has the right to raise the grade of a street; and if the contractor performs the work with proper care and skill, he is not responsible for any damage which may result to the contiguous property.</p> <p>Liability of Street Contractor for Damages—Burden of Proof. In a suit against a contractor for damages occasioned to contiguous property by raising the grade of a street under a city contract, it is incumbent upon the plaintiff to show that the work was performed in an improper or negligent manner, or that the damage resulted from a want of care or skill on the part of the contractor or his servants.</p> <p>Negligence or Unskillfulness not Presumed.—Negligence or want of skill in the grading of a street by a contractor, under a city contract, will not be presumed, nor inferred from the mere fact of damage, but must be proved.</p>