Hart v. Gaven
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. This was an action by the plaintiff, who was employed by the Superintendent of Public Streets of the City and County of San Francisco, to repair the street in front of the lot of defendant—he (the defendant) having neglected to do so, after notice from the Superintendent to that effect.
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Appeal from the County Court of the City and County of San Francisco. This was an action by the plaintiff, who was employed by the Superintendent of Public Streets of the City and County of San Francisco, to repair the street in front of the lot of defendant—he (the defendant) having neglected to do so, after notice from the Superintendent to that effect. The action was originally commenced in a Justice’s Court, and was appealed to the County Court, where the cause was tried without a jury, and a judgment rendered for plaintiff; from which the defendant appealed to this Court. The facts…
1Opinion of the CourtBaldwin, J.
The fifty-sixth section of the Consolidation Act, applicable to the City of San Francisco, passed April 19th, 1858, provides that each owner of lots fronting on streets which have been planked and graded, shall keep the same in front of his lot in repair, at his own expense ; and the Superintendent of Public Streets and Highways shall require of such owner, by verbal or written notice, to make the repairs. By section fifty-seven, if such repairs are not commenced within three days, (after notice given as aforesaid) and diligently and without any interruption prosecuted to completion, the…
2Cases cited1 opinion
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
3Cited by2 opinions
- Barber Asphalt Paving Co. v. GogreveSupreme Court of Louisiana · 1889
- McCausey v. HoekMichigan Supreme Court · 1910