Crockett Land & Cattle Co. v. American Toll Bridge Co.

The sole question presented by this appeal is as to the relative rights of the parties herein as defined by the decree of condemnation rendered in favor of the assignor of respondent American Toll Bridge Company of California, wherein a strip of land containing seven-tenths of an acre, owned by appellant, was condemned as and for a viaduct and approach to the Carquinez Straits bridge. Said bridge is a structure of great magnitude and spans the Carquinez Straits, a navigable body of water, at a point between San Pablo and Suisun Bays. Its northerly viaduct and approach rests on Solano County soil and its southerly viaduct and approach are built on Contra Costa County soil. It is with the latter situation that this appeal has to do.

On February 5, 1923, the board of supervisors of Contra Costa County granted to Rodeo-Vallejo Ferry Company a franchise to construct, operate and maintain said bridge and subsequently its rights in the premises were sold and transferred to respondent American Toll Bridge Company of California. Said Toll Bridge Company having been let into the possession of said seven-tenths acre strip upon complying with the decree requiring the payment of $5,000 as the…