Bloom v. City & County of San Francisco

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.

The complaint alleged in substance that the refuse from the city and county hospital was conducted over the land of the plaintiff, through a trough, which, being defective and rotten, burst and discharged the contents over his premises; that though often notified, through its board of supervisors, the defendant neglected and refused to abate the nuisance; and that by reason thereof the plaintiff and- his son became sick and suffered great pain and expense and loss of time; and demanded twenty thousand dollars’ damages. The case was tried with a jury, and a general verdict was rendered for plaintiff for eighteen hundred dollars. The claim was not presented to the board of supervisors for payment before the commencement of the action.