Breed v. Cunningham
California Supreme Court
This was an appeal from the Fourth Judicial District. The complaint sets forth, that the plaintiffs are the lessees of the wharves known as California and Market Street wharves, in the city of San Francisco, and have exclusive right to collect wharfage, &c., upon all goods, &c., landed thereon, &c.; and had erected a wharf thereon, &c.; and that there are as appurtenant to the wharves, two slips, one on each side thereof, of dimensions described, &c.
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This was an appeal from the Fourth Judicial District. The complaint sets forth, that the plaintiffs are the lessees of the wharves known as California and Market Street wharves, in the city of San Francisco, and have exclusive right to collect wharfage, &c., upon all goods, &c., landed thereon, &c.; and had erected a wharf thereon, &c.; and that there are as appurtenant to the wharves, two slips, one on each side thereof, of dimensions described, &c. And charges that the defendants wrongfully, &c., did commence, &rc., and did convey dirt and sand on the north side of Market street wharf, with…
1Opinion of the Court
The opinion of the Court was delivered by
Murray, Chief Justice.
This was an action commenced in the Court below by Breed and Dennis, lessees of California and Market wharves, to restrain the defendants from filling the space between the north side of Market street wharf, and the north line of Market street, and to recover damages arising from the partial filling up of the same.
*368The plaintiffs claim an exclusive privilege to collect wharfage and dockage, &c., under a contract entered into with the sinking fund commissioners of San Francisco, and afterwards ratified hy the legislature. Under this…
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- Henry v. DavisWest Virginia Supreme Court · 1878
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