People v. Southern Pacific Railroad

In the name of the People of the State, the city of San Buenaventura brought this action to compel defendants to remove certain obstructions from an alleged public street named Kalorama Street. Judgment went for the plaintiff, and the defendants appeal.

The complaint is in two counts. The first count claims under a dedication of land for the street, and acceptance thereof by the public. The second count claims through adverse use of the described land, with claim of right so to do-, such claim being known to the owners of the land and to the public generally. The answers of the defendants deny the dedication, deny the acceptance, and deny the adverse use. Appellants contend that the evidence is insufficient to- sustain the findings of the court upon these issues.

The disputed strip of land is included in what is alleged to be that part of Kalorama Street which extends south from the intersection of that street with an east and west street called Front Street. That Front Street, and Kalorama Street north from Front Street, exist as public streets, is not denied. Beach Street, as shown on the map, Exhibit One, parallels Front Street, one block- south from Front Street. The block…