Western Salt Co. v. City of San Diego
California Supreme Court
APPEAL from a judgment of the Superior Court of Orange County. Hugh L. Craig, Judge Presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtWilbur, J.
This action was brought to recover damages suffered by the plaintiff by reason of the collapse of the “lower Otay dam” constructed by the defendant city and maintained by it as a part of its municipal waterworks. A general demurrer to the complaint was sustained and a judgment rendered for the defendant.
The defect in the complaint to which the demurrer was directed, and to which our attention is called, is the failure therein to allege the presentation of the claims for damages to the city council of the defendant city within six months after the accrual of the damages. The freeholders’…
2Cases cited9 opinions
- Bancroft v. City of San DiegoCalifornia Supreme Court · 1898
- Henry v. City of LincolnNebraska Supreme Court · 1913
- McCann v. Sierra CountyCalifornia Supreme Court · 1857
- Ellissen v. HalleckCalifornia Supreme Court · 1856
- Spangler v. City of San FranciscoCalifornia Supreme Court · 1890
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3Cited by35 opinions
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- Powers Farms, Inc. v. Consolidated Irrigation DistrictCalifornia Supreme Court · 1941
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