Babcock

This action was instituted to obtain a mandatory injunction requiring the defendants to remove certain buildings from a right of way belonging to the City of Los Angeles, upon which it had established, and was maintaining electrical transmission lines. The defendants had judgment, and the plaintiffs appeal.

The record shows that in 1916 the plaintiff, City of Los Angeles, became the owner of a right of way 120 feet in width, for the erection and maintenance of electric light and power transmission lines; that along the center of said right of way the city had erected, and for a number of years had been maintaining such lines; that the deed conveying a right of way to the city of Los Angeles was of record in the office of the county recorder of Los Angeles; that the deed of conveyance of said right of way provided that no buildings or other structure should be erected thereon, pastura!, agricultural and mineral rights only being reserved. Subsequent to the acquiring of the easement and right of way herein mentioned the premises involved, together with other premises adjoining, were subdivided into city lots, the defendants named becoming owners of certain lots partly covered by…