McGinn

Plaintiff sued to restrain the defendants from blockading a portion of Channel Street and from interfering with plaintiff’s ingress to and egress from her property situated on the north side of said Channel Street between Seventh Street and Carolina Street in the city and county of San Francisco. The cause was tried before the court and resulted in judgment for the plaintiff as prayed. Defendants, State Board of Harbor Commissioners, appeal upon a bill of exceptions.

There is no dispute as to the facts. Plaintiff’s tract of land lies in that portion of the city which was originally under the waters of San Francisco Bay outside the original limits of the city and county of San Francisco. The controversy arises over the status of that portion of Channel Street which runs in front of plaintiff’s property. In the early official maps of the city and county this portion of Channel Street was shown as an open public street, but it is conceded that up to the year 1906 it was not used as such and that it was at times covered by water during the periods of high tide. Following the earthquake and fire of 1906 private individuals voluntarily dumped refuse into the channel, filling it up to a…