Lindberg

Lindberg v. Linder

Good Law
133 Cal. App. 213·1933 Cal. App. LEXIS 525·23 P.2d 842
Court of Appeal of CaliforniaJuly 8, 1933Docket No. 7671.California1,881 words

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…

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