Sapiro

This is the “companion” case to City of Stockton v. Frisbie & Latta et al., ante, p. 277 [ 270 Pac. 270 ], to which we have so referred in the opinion this day filed in the last-named ease, and the appeal is from the judgment dismissing the action after demurrer sustained to the complaint without leave to amend. As stated in the opinion in Civil No. 3496, the two eases were submitted here for decision together or upon the same arguments and briefs, the legal points raised and urged in both cases, with the exception of one, being the same. The exception referred to involves the question whether the plaintiffs are entitled to claim and obtain damages for the injury which, it is charged, has been caused to their property by reason of the maintenance of the business of the defendants in the residence zone of the city of Stockton, in which zone the said property and the said business are, respectively, situated and maintained. This, therefore, is the only proposition to be considered herein, the questions involving an attack upon the constitutionality of Ordinance No. 858 of the city of Stockton having been considered and disposed of against the contentions of the defendants by the…