Mintzer

Mintzer v. City of Richmond

Good Law
1915 Cal. App. LEXIS 164·27 Cal. App. 566·150 P. 799
Court of Appeal of CaliforniaJune 8, 1915Civ. No. 1361.California1,707 words

Opinion

Lead Opinion

Burnett, J.

The action for damages caused to the abutting property of plaintiff’s intestate by the grading of the street in front of said property resulted in a verdict by a jury in favor of defendant. The appeal is from the judgment. The complaint is unobjectionable in form and the particular portion to which attention may be invited is the following: ‘1 That within two years last past, defendant, by its agents, servants or employees, raised the grade on said Cottage Avenue in front of said cottages and lots and houses of plaintiff by depositing earth, sand, gravel and rock and other materials thereon to a height of about fifteen feet above the natural grade of said Cottage Avenue and the ground whereon the said houses and cottages stand on the said land and premises of plaintiff.

‘ ‘ That by the acts of defendant as aforesaid the houses and cottages and lots of plaintiff were and are made inaccessible from said Cottage Avenue, and plaintiff’s said tenants were unable to obtain ingress and egress to and from said Cottage Avenue, and on account thereof said tenants quit.

“That plaintiff is informed and believes and therefore according to and upon her said information and belief states that…

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