Lindberg
Lindberg v. Linder
Opinion
Lead Opinion
Desmond, J.
Plaintiffs were awarded judgment in the sum of $500 by reason of defendants storing lumber, machinery and rubbish upon a lot which plaintiffs owned in San Pedro. Defendants appeal, specifying as error the trial court’s refusal to grant a motion for a non-suit and also its refusal to grant a new trial. The ease comes before us on a bill of exceptions from which it appears that defendants early in 1923 began to use the real property of the plaintiffs, a lot 150' feet by 74 feet on Seventh Street, one of the principal thoroughfares of San Pedro, for the purpose of placing a variety of materials upon it. This- lot was in close proximity to another lot used, with the permission of its owner, by the defendants for the same purpose. The two lots were separated by a street which was not improved, and so was not apparent. One of the witnesses produced by plaintiffs testified that he had bought a load of lumber from the defendants, and that it was delivered to him from the plaintiffs’ lot where a carload of it was stored. There was a denial by the defendants that they had used the plaintiffs’ lot without permission, it being contended that such use as was made of the lot was with the…