Croley v. California Pacific R.R. Co.

HARRISON, J.

In 1893 the appellant contemplated the construction of a new railroad bridge across the Sacramento

[558]

River, at the city of Sacramento, and in response to an invitation from the board of supervisors of the county of Sacramento, its engineer appeared before that board and outlined the character and estimated cost of the bridge. There was at that time a bridge across the river, about four hundred feet above the place contemplated for such construction, which had been built many years prior thereto, and which had been used as a railroad bridge by the appellant, and also by the people of Sacramento and Yolo counties, for the passage of teams and vehicles, and alongside of which there was also a foot-path for individual travelers. This bridge had become quite dilapidated, and the new. bridge was intended to replace the old one, and also to afford relief from a congested travel over the bridge between the two counties, and obviate the danger of accidents from moving trains. For this purpose the appellant proposed to construct a separate roadway for teams and footmen, and a special roadway underneath the above for its own use, and it gave to the board an estimate of the amount which the overhead wagon and foot bridge would cost, and the benefit to the county by reason of the construction of such bridge, and desired to ascertain whether the county was willing to aid in its construction. Thereafter, December 5, 1893, the board of supervisors,. upon a consideration of this proposition, adopted a resolution, which was entered upon its records, by which it appropriated the sum of thirty thousand dollars to assist the appellant in the construction of .the bridge, to be paid to it as follows: fifteen thousand dollars upon the signing of the contract by the company, and the remainder upon the completion of the bridge. A copy of this resolution was delivered to the appellant, and in response thereto, on December 7th, it gave to the board a written notice of its acceptance of the offer, and agreed to “ construct and maintain, in connection with said new railroad bridge, an overhead or separate roadway, to be maintained by the California Pacific Railroad Company, for free public highway purposes, and to be independent of either tracks or trains,” and that it would prosecute the construction of the bridge with diligence, and finish its construction on or before December 31, 1895. After the receipt of this notice the board of supervisors, on December 14th, adopted the following resolution, which was spread at length upon its records:-—