Union Transportation Co. v. Bassett
California Supreme Court
APPEAL from a judgment of tbe Superior Court of tbe City aud County of San Francisco and from an order denying a new trial. William T. Wallace, Judge. Tbe facts are stated in tbe opinion of tbe court Tbe exercise of discretion by a public board cannot be interfered with by injunction, in tbe absence of fraud, though it may be unwise or improvident.
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APPEAL from a judgment of tbe Superior Court of tbe City aud County of San Francisco and from an order denying a new trial. William T. Wallace, Judge. Tbe facts are stated in tbe opinion of tbe court Tbe exercise of discretion by a public board cannot be interfered with by injunction, in tbe absence of fraud, though it may be unwise or improvident. (2 High on Injunctions, 964,965; Davis v. Mayor etc., 1 Duer, 451, 497; Spring Valley Water Works v. San Francisco, 82 Cal. 286, 306, 308, 309; 16 Am. St. Rep. 116; McKinley v. Chosen Freeholders, 29 N. J. Eq. 164; Argo v. Barthand, 80 Ind. 66;…
1Opinion of the CourtIienshaw, J.
Appeals from the judgment and from the order denying defendants a new trial. Plaintiff was the owner of a steamboat which plied between-the cities of San Francisco and Stockton, carrying produce and passengers. It docked at Clay street wharf in the former city. The defendants, harbor commissioners, by order changed its place of landing to Mission street wharf, whereupon plaintiff instituted this action to enjoin defendants from carrying their order into effect. Plaintiff pleaded that it was engaged in the river trade; that it was essential to the successful conduct of its business, which was…
2Cases cited9 opinions
- Wiley v. Board of County School CommissionersCourt of Appeals of Maryland · 1879
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- Dalley v. City of New HavenSupreme Court of Connecticut · 1891
- Whitney v. City of New HavenSupreme Court of Connecticut · 1890
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3Cited by7 opinions
- Bank of Italy v. JohnsonCalifornia Supreme Court · 1926
- Ray v. ParkerCalifornia Supreme Court · 1940
- Brock v. Superior CourtCalifornia Court of Appeal · 1952
- Doble Steam Motors Corp. v. DaughertyCalifornia Supreme Court · 1924
- People v. MorganCalifornia Court of Appeal · 1958
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