Woods

This action was commenced to obtain an injunction, perpetually restraining the defendant, a tenant of the plaintiff, from removing a vault from the premises described in the complaint. The court denied the injunction, and rendered judgment in favor of the defendant. Plaintiff appeals from the judgment and also from the order denying his motion for a new trial.

In 1891 the Bank of Haywards, defendant, went into possession of the premises under a written lease, which provided that the bank might at any time remove any improvements erected or placed by it upon the demised premises, including vault, fixtures and furniture. Shortly after the defendant entered into possession, it constructed in the building situated upon said premises, at its own expense, a brick vault or arch, the foundation of which rested upon the basement floor of the building, and on the top of which there was placed a steel structure or safe eight feet in height, six feet ten inches in width and eight feet in depth. Each surface was made of sheets of steel three-eighths of an inch thick, fastened together with rivets; and as an entrance thereto there was a neck or vestibule seven feet in height, three feet in…