Lehn v. City of San Francisco
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. Action for damages arising from the overflow of water upon plaintiff’s land, from a defective sewer. It was admitted that the sewer was of insufficient capacity and defectively constructed, and that it was built “ in accordance with and under a plan adopted by said city and county for the doing of said work.”
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Appeal from a judgment of the Superior Court of the city and county of San Francisco. Action for damages arising from the overflow of water upon plaintiff’s land, from a defective sewer. It was admitted that the sewer was of insufficient capacity and defectively constructed, and that it was built “ in accordance with and under a plan adopted by said city and county for the doing of said work.” The defendant asked the following instruction : “ The jury are instructed that if the city ordered the 14th, 15th and Channel Street sewers to be constructed according to a plan, and if said sewers were…
1Opinion of the CourtMcKinstry, J.
-1. The defendant is responsible for damages caused as alleged in the complaint, even if it was part of a plan adopted by the board of supervisors, that the sewers mentioned in the complaint should be left open at places through which their contents flowed on the plaintiff’s land. (Guerrin v. San Francisco, No. 6090 ; Jessup v. San Francisco, No. 6842.)
2. Section 4072 of the Political Code is inapplicable to the city and county of San Francisco. (Pol. C. 4087.) Ro section or clause of the statutes which constitute the charter of San Francisco, requires a claim or demand against the…
2Cases cited1 opinion
- People ex rel. Hunt v. Board of SupervisorsCalifornia Supreme Court · 1865
3Cited by10 opinions
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Los Angeles Cemetery Ass'n v. City of Los AngelesCalifornia Supreme Court · 1894
- Western Salt Co. v. City of San DiegoCalifornia Supreme Court · 1919
- King v. City of Kansas CitySupreme Court of Kansas · 1897
- Spangler v. City of San FranciscoCalifornia Supreme Court · 1890
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