Barnett v. County of Contra Costa
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 facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
"In the United States there is no ' common-law Obligation resting upon quasi corporations, such as counties, townships, and Hew England towns, to repair highways, streets, or bridges within their limits, and they are not obliged to do so unless by force of statute. Even when the legislature enjoins upon corporations of this character the duty to make and repair roads, streets, and bridges, and confers the power to levy taxes therefor, the general tenor of the decisions is to treat this as a public and not a corporate duty, and to regard such corporations, in this respect, as public or State…
2Cases cited2 opinions
- Sherbourne v. Yuba Cty.California Supreme Court · 1862
- Winbigler v. Mayor of Los AngelesCalifornia Supreme Court · 1872
3Cited by20 opinions
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Freel v. School City of CrawfordsvilleIndiana Supreme Court · 1895
- Templeton v. Linn CountyOregon Supreme Court · 1892
- Carson v. City of GeneseeIdaho Supreme Court · 1903
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