Franklin

Franklin v. City of Riverside

Caution
1962 Cal. LEXIS 244·23 Cal. Rptr. 401·58 Cal. 2d 114·373 P.2d 465
Supreme Court of CaliforniaJuly 17, 1962L. A. No. 26576California686 words

Opinion

lead Opinion

McComb, J.

Plaintiff is an officer, representative and member of the Hod Carriers and Laborers Union Local No. 1184 and a resident and taxpayer of the City of Riverside (hereinafter referred to as “defendant”). Defendant is a municipal corporation existing and operating under a valid freeholders’ charter pursuant to article XI, section 8, of the California Constitution.

*115 Plaintiff filed an action for an injunction and declaratory relief, seeking a determination that a contract entered into between defendant and John Roseberry for the performance of a public work was invalid. A judgment was entered in favor of defendant, holding the contract to be valid and enforceable, and plaintiff appeals.

The work to be performed under the contract consisted of the trimming of trees and clearing of brush on high voltage electrical transmission line right-of-way easements owned or controlled by defendant and operated and maintained by its public utilities department.

Through the transmission lines the public utilities department distributes to the residents of defendant city electrical energy originating at various hydroelectric or steam generating plants operated by Southern California Edison…

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