Baldocchi

Baldocchi v. Four Fifty Sutter Corp.

Good Law
129 Cal. App. 383·18 P.2d 682
Court of Appeal of CaliforniaFebruary 1, 1933Docket Nos. 8584, 8585.California3,935 words

Opinion

Lead Opinion

Woodward, J.

Defendant Four Fifty Sutter Corporation appeals from a judgment granting plaintiffs a writ of injunction with damages, while plaintiffs separately appeal from a portion of the same judgment on the ground of inadequacy of relief. At the suggestion of counsel we shall consider the appeals together and, in order to avoid confusion, will refer to the parties as plaintiffs and defendant.

Stripped of technical minutiae, the controversy involves the restoration of a sidewalk and the relative rights of the parties thereto. The factual background of the litigation may be sketched as follows: During the year 1912 plaintiffs erected a five-story apartment house in the city of San Francisco, said structure having a frontage on Bush Street of 57 feet and 6 inches and on Chelsea Place, a public alleyway, of 104 feet and 6 inches. Contemporaneously therewith they constructed a four-foot sidewalk along the entire westerly side of Chelsea Place from Bush Street to what is now defendant’s property line at the end of the alley. This sidewalk provided the only entrance to plaintiffs’ strip of land situate south of the building, which area, referred to as “lot B”, has a frontage of ten feet on…

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