Blanc v. Klumpke
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint averred that the plaintiff was the owner of a lot situated on the water front of the City and County of San Francisco, and that the water on the easterly side of and adjoining the lot was a highway and navigable for boats and vessels, and that portion of the bay was the property of the State, and that boats and vessels had been in the habit of frequenting there for trade…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint averred that the plaintiff was the owner of a lot situated on the water front of the City and County of San Francisco, and that the water on the easterly side of and adjoining the lot was a highway and navigable for boats and vessels, and that portion of the bay was the property of the State, and that boats and vessels had been in the habit of frequenting there for trade and commerce, and that plaintiff had erected valuable improvements on his lot, and derived great pecuniary advantage…
1Opinion of the Court
By the Court, Sanderson, C. J.
We are not prepared to say that the complaint in this case does not state a cause of action in favor of the plaintiff. Had ambiguity and uncertainty been the ground of demurrer we should have been inclined to sustain the Court below; but that ground is not relied on, nor could it be, for the reason that the ambiguity, if such exists, is not specially pointed out in the demurrer.
Although the complaint in that respect is somewhat ambiguous, we regard the plaintiff as alleging an obstruction by the *158defendant of the highway by water, as the same existed prior to the…
2Cases cited1 opinion
- Middleton v. BallingallCalifornia Supreme Court · 1851
3Cited by27 opinions
- Cushing - Wetmore Co. v. GrayCalifornia Supreme Court · 1907
- County of Yolo v. City of SacramentoCalifornia Supreme Court · 1868
- Hargro v. HodgdonCalifornia Supreme Court · 1891
- San Francisco Savings Union v. R. G. R. Petroleum & Mining Co.California Supreme Court · 1904
- Courtwright v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1866
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