Jarvis v. Santa Clara Valley R.R.
California Supreme Court
Appeal from the ■ District Court, Nineteenth Judicial District, City and County of San Francisco. The complaint, which was filed on the 7th day of December, 1875, alleged that there was a salt-water creek, into which the tide ebbed and flowed, in Alameda County, between Dunbarton Point and Alviso; and that the creek extended from the Bay of San Francisco to Mayhew’s Landing, a distance of about four miles, and was one hundred and fifty feet in width and seven feet in depth,…
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Appeal from the ■ District Court, Nineteenth Judicial District, City and County of San Francisco. The complaint, which was filed on the 7th day of December, 1875, alleged that there was a salt-water creek, into which the tide ebbed and flowed, in Alameda County, between Dunbarton Point and Alviso; and that the creek extended from the Bay of San Francisco to Mayhew’s Landing, a distance of about four miles, and was one hundred and fifty feet in width and seven feet in depth, and was a navigable stream, and had been used as such for upwards of twenty years by vessels of one hundred and ten tons…
1Opinion of the Court
The allegations of the complaint are not sufficient to constitute a cause of action upon which a judgment can be founded. The only theory upon which the judgment in this case can stand is that the complaint sufficiently alleges either a private nuisance, or a public nuisance, from which the plaintiffs sustain some private injury peculiar to themselves,.and not in common with any one else. ( Yolo County v. The City of Sacramento, 36 Cal. 194; Blanc v. JTlumpke, 29 Cal. 156.) It is not* pretended or claimed by the respondents that the erection of the bridge by the appellants is a private…
2Cases cited3 opinions
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- County of Yolo v. City of SacramentoCalifornia Supreme Court · 1868
- Aram v. SchallenbergerCalifornia Supreme Court · 1871
3Cited by8 opinions
- Colberg, Inc. v. State of California Ex Rel. Dept. Pub. Wks.California Supreme Court · 1967
- Donahue v. Stockton Gas & Electric Co.California Court of Appeal · 1907
- Reynolds v. Presidio & Ferries RailroadCalifornia Court of Appeal · 1905
- Lepire v. KlenkMichigan Supreme Court · 1912
- Swain v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1911
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