Hancock

Hancock v. George R. Curtis Paving Co.

Good Law
114 Cal. App. 624·1931 Cal. App. LEXIS 826·300 P. 65
Court of Appeal of CaliforniaJune 5, 1931Docket No. 4288.California1,820 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a judgment for damages for injury to the property of the plaintiffs situated in Los Angeles resulting from the destruction of a building, fence and trees and the dumping of a large quantity of dirt and rocks thereon.

The plaintiffs own a large lot consisting of an acre and a half of land in Los Angeles fronting on Pasadena Avenue and bounded on the east by Sycamore Grove Park. This lot contained a dwelling-house which was constructed close to the intervening line between plaintiffs’ lot and Sycamore Grove Park. A side porch overlooked this park. To the rear of the building there was a platform covered with a trellis and an arbor. Back of this arbor there was an outbuilding used as a storeroom. An old fence stood along the dividing line of these properties. A black walnut tree stood at the northeast corner of the dwelling-house near the property line. At the northwest corner of the property, fronting Pasadena Avenue, there was a board sign reading “Dirt Wanted—Dump on Fill.” The lot was substantially level. It had been filled with dirt on the front portion thereof adjoining Pasadena Avenue. At the time of the trespass which is complained of, the…

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