Amador ledger., 1910-09-02
HISTORY OF
BRID6ECASE
Action to Quiet Title on
Big Bar Bridge Is
Discussed

| By favor Of James Keith, the Ledger
is able to present to it's readers the
points of defendants brief. in the
case of ANGELA Gardella VS. county of
Amador and county of Calaveras, to
quiet title to the property known as
the Big Bar bridge, which spans the
Mokelumne river on the main road
leading from jackson to Mokelumne
Hill. 1t will be remembered that over
a year ago the proposition was made
to the supervisors of the two counties
interested to purchase this bridge at
the price of $4,000, the money to be
furnished equally by each county. The
question then arose that the alleged
proprietress could not give a title to
the property; that the bridge was
public property, by virtue of the
original franchise to collect toll hav-
ing expired years ago, notwithstand-
ing the fact that the supervisors of
Calaveras county had attempted to
grant a new franchise to collect toll
thereon, which so-caIled franchise has
not yet expired Under these con
dtions Mrs Gardella brought suit to
quiet title to this bridge, with the
view of thereby paving the way for
the completion of the purchase. The
case was heard in the superior court
of Calaveras county some months ago,
and was ordered submitted on briefs.
The brief of the defendant, compiled
entirely. we understand, by the dis
trlct attorney of Calaveras county,
was filed August goth.
1t is a volumuinous document of So
typewriter pages. 1t set forth that
Big Bar bridge, ever since the expira-
ton of the francise granted in 1862,
has been ard now is free public
highway; that the action of the board
of supervisors of Calaveras in granting
the franchise to plaintiff thereafter
was without warrant of law, and that
plaintiff has no title or interest in or
to said Big Bar bridge, nor to the
roads connected herewith.
The briefs show that on March "a.
1862, the legislature granted to Louis
Sohr & Co, the right to construct a
bridge at Big Bar, and to maintain
a road from Mokelumne Hill to sale
bridge, and from said bridge to the
village of Butte in Amador county,
and upon the completion of said bridge
the privilege was granted to collect
tolls thereon for the period of twenty
years, the rates to be determined an
nually by the board of supervisors of
Calaveras county. The statute al
lowed one year for the completion of
the bridge, so that the privilege to
collect toll expired on or before March
25, 1888. Toll was collected by Sohr
long after that date. In October,
1885, on petition of the citizens and
taxpayers of Mokelumne Hill, the
supervisors of Calaveras county de-
clared the bridge and approached
thereto free public highway.
In February, 1886, Sohr q Co. com
menced suit in CaIaveras county to an
null this action to the supervisors
After hearing, the court rendered the
following judgment:
THE action of the board of super
visors of Calaveras county. in declar-
ing the Big Bar bridge and the road
leading thereto in Calaveras county a
free bridge and road, was in excess of
their authority, and the judgment is
that the proceedings of the board in
the matter must be annulled "
The court at that time expressed
doubts as to the correctness of the de-
csion, and advised that the matter
be appealed to the supreme court.
No appeals was taken, but in July,
1886, a compromise was effected
whereby Sohr & Co were granted a
license to collect tolls until October
1886.
Before the expiration of this license
Sohr & Co. sold their interests to H.
Trip and Frank Littlefield, who in
the following year sold to G. B.
Sanguinetti, who in the succeeding
year sold to Joseph Gardella, who held
the same until his death in 1891.
Thereafter, the bridge property
was by decree of distribution granted
by the superior court of Amador
county given to the plaintiff, ANGELA
Gardella, and her four children.
Without further license, upon the
filing of bond each year, tolls were