People ex rel. Schnell v. Sausalito Land & Ferry Co.
People ex rel. Schnell v. Sausalito Land & Ferry Co.
Opinion of the Court
This is an action brought in the name of the people, at the request of the relator, Schnell, to obtain a judgment declaring certain obstructions alleged to have been put in a public street by defendant to be a nuisance, and decreeing that they be abated and that defendant be enjoined from further maintaining them. Judgment was rendered for defendant, and plaintiffs appeal from the judgment and from an order denying a new trial.
The things alleged as constituting the obstructions are that respondent wrongfully erected a fence and some buildings upon and across a certain public street in the town of Sausalito, known as and called Water street or Water avenue. But the court found “ that defendant at no time built or erected, placed or maintained, on any part of said Water street, or on any other public way, any structure or obstruction whatever,” or that it threat
The judgment and order appealed from are affirmed.
Temple, J., and Henshaw, J., concurred.
Reference
- Full Case Name
- THE PEOPLE ex rel JOHN SCHNELL v. SAUSALITO LAND AND FERRY COMPANY
- Status
- Published
- Syllabus
- Nuisance—Private Wharf and Ferry Landing—Obstruction of Public Street—Findings.—In an action for the abatement of a nuisance in the erection of .a wharf and ferry landing in a public street, where the findings show that the wharf and ferry landing are not in the street, but are east of its easterly line, and are the private property of the defendant, free from any public right or easement, and do not in any manner prevent the free and comfortable use and enjoyment by the public of the street, such finding is determinative of the case in favor of the defendant, if reasonably supported by evidence.