Racik

The judgment appealed from gave plain. tiff a permanent injunction enjoining defendants from a portable news-stand in front of the plaintiff’s property on the west side of Third Street, just south of Market Street, in San Francisco. The news-stand consisted basally of a four-wheeled wagon, four feet wide, ten feet long, and six and one-half feet high. Daily from 9 A. M. to 9 P. M. it remained parked with two wheels in the street and two upon the sidewalk. From the photograph it appears as if one side of the wagon unfolded out over the sidewalk, forming a supplemental platform or shelf which rested on boxes placed on the sidewalk. This was covered on top with an awning. The three sides of the extension and the three sides of the wagon proper were walled in with racks which were filled with magazines and newspapers set up for display and sale.

Based upon appropriate pleadings, the court made findings to the effect that the news-stand constituted a public nuisance and that plaintiff had suffered damage thereby different in kind and degree from that suffered by the general public and that such damage was incapable of pecuniary estimation and irreparable.

Respondent has carefully…