holding plaintiff could recover on inverse condemnation claim against privately- 7 owned railroad company
How later courts described this case
- holding plaintiff could recover on inverse condemnation claim against privately- 7 owned railroad company
Written by the judges who cited it.
The opinion
Beatty, C. J., dissenting.
I dissent. When the tract of land embracing these lots was by the owners laid off into streets and squares, the plat recorded and the lots sold by reference to such recorded plat, the streets were thereby dedicated to the public, and this dedication carried with it an implied consent, binding upon the owner and its successors, that the streets might be properly graded to fit them for the purpose for which they were dedicated. Such consent was a waiver of any claim for damages to abutting lots by reason of a proper grade. Here the city has established a grade, which, so far as appears, is, with reference to the whole tract, entirely reasonable and proper, although it is an injury to these particular lots, and the defendant, in laying its track, has been required to conform to the grade so established. The owners, in my opinion, have no claim for damages for bringing the street to the established grade.
Corcoran v. Benicia, 96 Cal. 1 , 31 Am. St. Rep. 171 , seems to me to be in direct conflict with the decision here.
Rehearing denied.