The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-04-04
TURNTABLE IS
AUTHORIZED BY
A FRANCHISE
Geary-Street Railroad
Company Wins.
JUDGE G. H. BAHRS' DECISION
SUPERINTENDENT OF STREETS
AMBROSE ENJoINED.
Whether or Not the Turntable Is a
Nuisance Must Be Finally De-
termined in Another
Action at Law.

The big turntable at Geary and Mar
ket streets, the property of the Geary
Street, Park and Ocean Railroad Com
pany, will remain where it is, at least
for the present Judge Bahrs yester-
day decided the injunction proceedings
instituted by the railroad company to
restrain superintendent of Streets Am
brose from proceeding under an order
of the Board Of Supervisors and re-
moving the turntable, the chancellor
holding that in the action At bar he
had no power to determine whether or
not the turntable was q nuisance in
fact In consequence a permanent IN
junction was granted, forever restrain
ing the defendants In the acton from
removing the turntable by reason OF
the direction TO that effect contained in
the resolution passed by the Board Of
Supervisors.
The opinion is q $ follows;
The court in this action. as will be
hereafter shown, has not the power TO
determine whether the so-called Geary
street turutable is a nuisance and
should therefore be abated. 1t is per-
haps to be Iamented that this question
could not have been squarely litigated
between the railroad company and the
people iu this action and a decision
Teached which would have been a
The first question the court in this
action is called upon to decide is whether
the Board Of Supervisors of the City and
County of san Francisco, by a mere res
o.utiOn, can condemn as nuisance and
direct the removal OF the turntable con-
strucJed and maintained by the plaintiff
under. claim of legislative sanction and
franchise.
The Board Of Supervisors on August Is,
1895 passed the following resolution, to
Wit. Resolution No. 1894 Fourth Sc
ries). Resolved, that the turntable at
the junction of Geary and Market streets
be declared a nuisance and that the
Superintendent of Streets be directed TO
remove the same in order that the City
Street Improvement Company may per-
form its contract. And the Clerk is
ton as required by law
In Board Of Supervisors, San Fran
cisco. August Is, 1855 Adopted by the
yany, Haskins, Delauy, Sheehan, Dodge,
Lackmann. Morton. Britt, Smith, Gin
ton. Rivers. ACCOMPLISHMENTS Rot
tamil JOHN A RUSSELL G GlerEt
by H. c. FARQUHARsON,
Deputy Clerk
On August Il. 1895 the Superintendent
Of Public Streets addressed the follow
ing communication to the plaintiffs, to-
New City Hall, August II. 1S9s-J. L.
NillCutt ESQ, General Manager Geary
Street, Park and Ocean Railroad Com
pany. Dear Sir: You are hereby notified
TO remove within five 90 days the turn
table. the property of the Geary Street
and Ocean Railroad Company, located al
the intersection of Geary. Kearny and
Market streets. the same having been de-
Clared a nuisance, as per order Board of
Supervisors August Is. 1898. II at the eX-
piratlon OF hye 90 DAYS. from the time of
the service Of this notice said turnt2ble
is not removed, I will proceed to abate
the nuisance. Yours very respectfnlly,
"W. F. AMBROSE.
Superintendent Of Public Streets"
On August p, 1898. this suit was COM
menced 10 restrain such threatened re-
r0val of the turntable. and the Presd-
ing Judge Of this court issued a temper
airy restraining order. The section of the
franchise under which plaintiff claims
the right TO maintain the turntable is
The track and all switches or turn
tables for said railroad shall be construct
ed under the supervision of and TO the
satisfaction of the superintendent Of
Streets and the Street Committee of the
Board of Supervisors of the City and
County of San Francisco" If the turn
table was authorized by and constructed
pursuant to the provisions of the above
section Of plaintiffs franchise, the turn
BILE has the sanction of the Legislature
and carnOt be nuisance in law. To this
effect is section 1882 of the Civil Code
viz: Nothing which is done or maintain
ed unuer the express aulAOrity of a stat
ute can be deemed a nuisance"
Plaintiff contends that the turntable
was constructed as nr rIdoo pv s.Il1 t--a7
chise, with the consent and approval Of
the officials designated therein: defend
ants contend that certain ordinances reg
ulating the construction of turntables
were violated. wherefore said turntable
. is a nuisance, Notwithstanding the ap-
proval Of the designated officials; plain
tiff denies the violation Of these ordi-
nances, but contends that they were all
compiled with.
The turntable had been. in fact, main
tanned for six years before the resolution
# the Board Of Supervisors condemning
the same as a nuisance was passed. It
IS under these circumstances, conditions
and contentious that the court is called
upon to decide whether the Board of Su-
neTvisOrs in thus by resolution sum-
marily declaring the turntable a nuis-
nnce and directing its abatement exceeded
fits powers
Defendants in their brief contend:
IAN act Of the Legislature of California,
approved April %, 1863, conferred power
upon the Board of Supervisors of the City
and County Of San Francisco to authorize
and direct the summary abatement of
nuisances. Statutes Of 1863, 6540''
The statute, referred to is in the fol-
lowing language:
The Board Of Supervisors Of the City
and County Of San Francisco shall have
power by regulation or order:
First.
second. To authorize and direct the
summary abatement Of nuisances; to
make all regulations which may be neces-
sary or expedient for the preservation of
the public health and the prevention Of
contagious diseases; to provide, by regu-
latiOO for the prevention and summary