Brook v. Horton
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to restrain the city and county of San Francisco, and its officers, from constructing a sewer in Mariposa Street, as the same -is laid down on the Van Ness Ordinance Map, from Harrison to Channel streets. Judgment in favor of the defendants. The remaining facts appear in the opinion.
1Opinion of the Court
Belcher, C. C.
— In 1855 an ordinance was passed by the common council of the city of San Francisco, which made it the duty of the city surveyor, acting in conjunction with three commissioners, to be appointed for the purpose, “ to furnish by way of recommendation to the common council, within one month from the date of their appointment, a plan for the location and dimensions of the streets to be laid out within the city limits, west of Larkin and southwest of Johnston streets.”
Commissioners were appointed, and they and the surveyor agreed upon and reported a plan or map as required. This…
2Cases cited3 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
- Polack v. Trustees of San Francisco Orphan AsylumCalifornia Supreme Court · 1874
3Cited by21 opinions
- Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Bigelow v. BallerinoCalifornia Supreme Court · 1896
- Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
- Florida Central & Peninsular Railroad v. Ocala Street & Suburban RailroadSupreme Court of Florida · 1897
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