Menzel Estate Co. v. City of Redding

Defendants appeal from a judgment for $3,750 for the detriment caused to the property of plaintiffs in a ferry franchise and equipment by the construction of a free bridge over the Sacramento Biver connecting a street in the city of Bedding with a county road of the county of Shasta. As originally commenced the action was one by which the plaintiffs sought to enjoin the city from completing the bridge. At the time of the trial it was all constructed except the north approach, and the court believing that all the detriment caused by the erection of the bridge might be compensated by damages, injunctive relief was denied.

There seems to be no serious disagreement between the contending parties regarding the facts, and there is no attack upon the title of plaintiffs to such property as may exist in the franchise issued to their predecessor, C. C. Bush. Appellants contend, however, that the supposed franchise under which Bush operated the ferry was void.

It appears that for many years a ferry has been maintained between the city of Redding and a point opposite on the Sacramento River where that stream runs east and west. The ferry-boat was operated on a cable stretching from bank to…