Chico Bridge Co. v. Sacramento Transportation Co.

Action to recover damages alleged to have been sustained by plaintiff through injury to its bridge across the Sacramento river, at or near Chico, by a collision therewith by defendant’s barge while navigating said river. Plaintiff had judgment from which and from an order of the court denying its motion for a new trial defendant appeals. Plaintiff and defendant are both corporations organized and existing under and pursuant to the laws of the state of California.

At a point near Chico, on the Sacramento river, between the counties of Butte and Glenn, is a bridge connecting highways in those respective counties. A drawbridge was originally constructed at this point in 1883 by the county of Butte. The greater portion of this bridge, including the draw, was carried away by a flood in the Sacramento river in the winter of 1889-90. Neither of the counties of Butte or Glenn being desirous of reconstructing the bridge, the supervisors of the county of Butte (the county lying on the left-hand side of the Sacramento river), upon the application of one T. H. Barnard, on the twenty-second day of July, 1890, granted him a franchise to construct a toll-bridge across said Sacramento river at…