Williams v. Savings & Loan Society

Citations

• 97 Cal. 122
• 31 P. 908
• 1893 Cal. LEXIS 496

Syllabus

<p>Street Assessment — Day’s Work for Laborers — Violation of Contract— Immaterial Finding. —In an action to foreclose a lien for a street assessment for labor performed under a contract for the construction of a sewer, the fact that the employees of the street contractor worked ten hours for a day’s work, while the contract provided that eight hours should constitute a legal day’s work for all persons employed, is not material, or of the slightest concern to the owner of the lot assessed; and a judgment foreclosing the lien will not be reversed upon the ground that a finding that the contractor performed all the conditions of the contract is against the evidence in that respect.</p> <p>Id. — Grade of Man-hole in Sewer — Finding —■ Conflict of Evidence _Assessment — Certificate of Surveyor. — Upon an issue as to whether the curb and top of a man-hole in the sewer contracted for were on the official grade of the street as contracted for, or eleven inches above the grade, a finding that it was upon the official grade is supported by proof of the assessment, which is some evidence that at its date the work had been performed according to the terms of the contract, and conflicting evidence of a certificate of the city surveyor, that at a previous date the man-hole was eleven and a quarter inches above grade, cannot justify a disturbance of the finding. The contractor may have caused the man-hole to conform to the official grade before the assessment was issued.</p> <p>Id._Location of Streets—Improvement at Grossing —Judicial Notice. — Courts will take judicial notice of the streets of San Francisco, of their relation to each other and their location, and that a crossing where an improvement was located necessarily forms a part of the public street.</p>