Summary
Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial.
The act of the legislature of April 1, 1876, referred to in the opinion, declared that the cost of the bridge which it authorized to be constructed should be assessed upon certain specified land declared by the act to be benefited thereby, in proportion to such benefits, and commissioners were to be appointed to make the apportionment of the cost to the lots designated by the act. The commissioners found that certain specified lots belonging to defendant were benefited to the extent of $1,950.66, and it was to recover this assessment that the action was instituted.
The principal point argued by counsel for appellant is that, under the principle established by the case of People v. Lynch, 51 Cal. 15, the act of the legislature entitled “an act to authorize the city of Oakland to construct a bridge across the estuary of San Antonio, between Eighth Street and East Ninth Street,” approved April 1, 1876, is unconstitutional and void. To this we are unable to assent. Nor can we say that the evidence is insufficient to sustain the findings of the court below.
Judgment and order affirmed.
Hearing in Bank denied.
