Legal Opinion

Higgins v. City of San Diego

California Supreme Court

Decided October 9, 1897No. 19459PublishedCited by 59 opinions

APPEAL from a judgment of tlie Superior Court of San Diego County. J. W. McKinley, Judge. Tbe facts are stated in tbe opinion of tbe court.

1Opinion of the Court

THE COURT.

On a former bearing of this cause judgment in favor of tbe city of San Diego was reversed, with direction to tbe superior court to enter judgment in favor of tbe water company for tbe reasonable value of tbe use of its distributing plant, etc., said judgment to be payable only out of tbe revenue of those fiscal 3 cars during wbicb tbe city held possession of tbe plant. A rebearing was ordered principally upon tbe question as to tbe proper form of tbe judgment. Hpon further consideration of tbe case, we have reached tbe con-| elusion that the water company should have an ordinary…

2Cases cited4 opinions

  1. McBean v. City of FresnoCalifornia Supreme Court · 1896
  2. San Francisco Gas Co. v. BrickwedelCalifornia Supreme Court · 1882
  3. Weaver v. City & County of San FranciscoCalifornia Supreme Court · 1896
  4. Smith v. BroderickCalifornia Supreme Court · 1895

3Cited by59 opinions

  1. Public Market Co. v. City of PortlandOregon Supreme Court · 1942
  2. Miller v. McKinnonCalifornia Supreme Court · 1942
  3. County of Los Angeles v. Southern California Telephone Co.California Supreme Court · 1948
  4. Sluder v. City of San AntonioTexas Commission of Appeals · 1928
  5. Wilentz v. HendricksonNew Jersey Court of Chancery · 1943

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