Zierath
Zierath v. McCann
Opinion
Lead Opinion
Shaw, J.
Action for an injunction. As shown by the complaint, plaintiff with his family occupied as a residence a house located in the rear of one fronting upon a street of Los Angeles, both of which were inclosed by a fence through which, by gates and over a walk extending from the street, plaintiff and his family had means of egress and ingress to said dwelling. The means of obtaining a supply of water for use by the occupants of the house and land connected' therewith was by pipes and hydrants through which it was conveyed. Plaintiff’s use of the house and appurtenances thereto was under and by virtue of a lease whereby one William F. McCann, alleged to be the owner of the entire property, demised the same to him for a term of one year. Defendants nailed up and closed the gates, obstructed the right of way extending from the street to the house, and cut and obstructed the pipe-line through which the supply of water was furnished plaintiff for domestic use. Upon these facts, all of which, except the alleged ownership of McCann, were found by the court, judgment was entered restraining defendants from a further commission of the alleged acts.