Bancroft v. City of San Diego
California Supreme Court
APPEAL from a judgment of the Superior Court of San Diego County and from an order refusing a new trial. E. S. Torrance, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
This action is for damages suffered from a change in the grade of a street upon which plaintiff’s property abuts.
In the complaint it is alleged that plaintiff owns block 227 in Horton’s addition to the city of San Diego, which block abuts on Fifth street for the entire distance between Fir and Elm streets. In 1887 the city established a grade to said street in front of plaintiff’s block, and thereafter the street was graded to said grade. The result of the grading was that plaintiff’s prop-, erty was in a hollow or depression, varying from two to twenty feet below the street. It is then…
2Cases cited3 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- State v. McGrawSupreme Court of Missouri · 1881
- Inter-State Consolidated Rapid Transit Railway Co. v. EarlySupreme Court of Kansas · 1891
3Cited by39 opinions
- Norton v. City of PomonaCalifornia Supreme Court · 1935
- Chesney v. ByramCalifornia Supreme Court · 1940
- Powers Farms, Inc. v. Consolidated Irrigation DistrictCalifornia Supreme Court · 1941
- Crescent Wharf & Warehouse Co. v. City of Los AngelesCalifornia Supreme Court · 1929
- Spencer v. City of CalipatriaCalifornia Court of Appeal · 1935
34 more not listed; retrieve them via the Exa API.