Legal Opinion

Schulte v. North Pacific Transportation Co.

California Supreme Court

Decided July 1, 1875No. 3579PublishedCited by 14 opinions

Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The lot owned by the plaintiff was beach and water lot No. 730, being portion of the water-front of the city and county of San Francisco, sold by the State. East street was below high-water-mark, and was declared to be a public street by an act approved March 26, 1851, being an act for the sale of land below high-water-mark in the city of San Francisco.

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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The lot owned by the plaintiff was beach and water lot No. 730, being portion of the water-front of the city and county of San Francisco, sold by the State. East street was below high-water-mark, and was declared to be a public street by an act approved March 26, 1851, being an act for the sale of land below high-water-mark in the city of San Francisco. It had piles driven into it, and was planked above the water, and the defendant claimed that this had been done by private persons and not by the…

1Opinion of the Court

By the Court :

1. East street, in front of the plaintiff’s lot, is a public street, duly established as such, and connecting across its whole width at its southerly end with Folsom street, a public traveled street. From its intersection with Folsom street, *594and running northerly in front of and beyond the plaintiff’s lot for a distance of several hundred feet, East street, as we understand the testimony, is planked over to its full width, and capable off being used for travel with vehicles or otherwise. In this important particular the case differs from George v. North Pacific Transportation…

2Cited by14 opinions

  1. City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
  2. Ross v. ThompsonIndiana Supreme Court · 1881
  3. Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
  4. Hargro v. HodgdonCalifornia Supreme Court · 1891
  5. Phelps v. City of DetroitMichigan Supreme Court · 1899

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