City of National City v. California Water & Telephone Co.

The City of National City, plaintiff and respondent herein, ordered the improvement of one of its streets, i.e., Highland Avenue between Fourth and Eighth Streets, which necessitated the relocation of the water distribution facilities therein owned by the California Water and Telephone Company, the defendant and appellant herein. The relocation was effected under an agreement which, in substance, provided that the cost thereof should be borne as determined by a court of competent jurisdiction. Thereupon the plaintiff brought this action to obtain such determination. The defendant answered;…