Home/California Court of Appeal/Beckhan v. City of Stockton

Beckhan v. City of Stockton

149 P.2d 296, 64 Cal. App. 2d 487, 1944 Cal. App. LEXIS 1087
CourtCalifornia Court of Appeal
DecidedMay 24, 1944
DocketCiv. 6894
StatusPublished
Cited by25 cases

This text of 149 P.2d 296 (Beckhan v. City of Stockton) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beckhan v. City of Stockton, 149 P.2d 296, 64 Cal. App. 2d 487, 1944 Cal. App. LEXIS 1087 (Cal. Ct. App. 1944).

Opinion

ADAMS, P. J.

This is an action brought by five owners of property abutting on East Worth Street in Stockton, to recover damages alleged to have been sustained by them as the result of the construction of an improvement in Wilson Way, a street which intersects East Worth Street at one end of the block in which plaintiffs’ properties are situated.

As appears from the map * made a part of this opinion, Wilson Way runs approximately north and south. East Worth Street runs at right" angles thereto, and the block in which plaintiffs’ property is situated is bounded by Wilson Way on the west, Eugenia Street on the east, and Milton Way on the south. Eugenia Street is a short street extending two blocks, from East Worth Street to East Anderson Street, and the latter street intersects Wilson Way at a point just south of the point of commencement of the improvement thereon. The next street parallel to East Worth Street on the north is Taylor Street upon which are situated the tracks of the Atchison, Topeka & Santa Fe Railway Company. The next street parallel to Wilson Way on the west is Sierra Nevada Street which is intersected by Taylor, East Worth and East Anderson Streets, all of which extend across Wilson Way. The next street beyond Sierra Nevada Street is Ophir (or Pilgrim) Street, referred to in the testimony but not shown on the map.

In the year 1937 the State of California, acting through its Department> of Public Works, and under the authority of the Railroad Commission, constructed a subway in Wilson Way for the purpose of eliminating the grade crossing of the railroad tracks on Taylor Street. The depressed portion of this underpass begins at a point between East Worth Street and Milton Way, but a concrete curb along the center of the subway begins just north of the intersection of East Anderson Street and Wilson Way.

As a part of this street improvement defendants widened *492 Wilson Way between East Anderson Street on the south and East Hazelton Street on the north beyond the railroad tracks, as appears on the map. The former width of Wilson Way (48 feet) is indicated by its present width south of East Anderson Street, and north of East Hazelton Avenue. No changes were made in East Worth Street, which now, as formerly, intersects Wilson Way at grade; but after the construction of the underpass, crossing of the railroad tracks at grade northward on Wilson Way was cut off by the erection of a parapet as shown on the map. East Worth, Milton and East Anderson Streets are all 24 feet in width between curbs, Eugenia Street has a width of 30 feet, the portion of Wilson Way on either side of the subway between Taylor and Milton Streets is 30.3 feet to the sidewalk, and the portion of the street that crosses the subway is 39 feet in width. All of these streets are paved and have sidewalks. East Worth extends easterly beyond Eugenia Street to “B” Street, but its distance therefrom is 1750 feet. As appears upon the map, “B” Street extends north and south from Worth Street, and crosses the tracks of the Atchison, Topeka & Santa Pe Railway Company, but said street is improved only to a secondary extent. A portion, only 15 feet, of Taylor Street is paved where it extends west from Wilson Way across Sierra Nevada Street to Ophir Street. Its grade is the same as the portion of Wilson Way over the subway with which it connects.

*490

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Bluebook (online)
149 P.2d 296, 64 Cal. App. 2d 487, 1944 Cal. App. LEXIS 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckhan-v-city-of-stockton-calctapp-1944.