Marangi
Marangi v. Domenici
Opinion
Opinion
Ashburn, J.
Defendants appeal from a judgment quieting in plaintiff title to a certain easement, enjoining obstruction of same and awarding damages for prior interference with its use. Appellants do not complain of the injunction or the amount of damages or method of computing the same. They urge reversible error in the adjudication of ownership by plaintiff of the easement in question. The claim is insufficiency of the evidence. There is little conflict therein and the evidence at those points of conflict must be construed most favorably to respondent. (Nichols v. Mitchell, 32 Cal.2d 598, 600 [ 197 P.2d 550 ]; New v. New, 148 Cal.App.2d 372, 383 [ 306 P.2d 987 ].)
The easement pertains to a parcel of land which is 6 feet 10 inches wide and separates the residences of the opposing parties. Their lots are 30 feet wide and about 160 feet deep, fronting on Manitou Avenue in the city of Los Angeles. That street bounds the lots on the north and the disputed parcel runs north and south. Plaintiff owns the lot on the east and defendants the one on the west. Originally, both parcels were owned by Mr. and Mrs. Miller. Defendants’ lot then had a house on the front portion, known as number 2912 Manitou…