Hasbrouck

This is an action brought by plaintiff to have an ark belonging to defendant declared a private nuisance as to her and abated. She claims no special damage, but alleges that her riparian rights on Corte Madera Creek (due to the location of her land on said creek) entitle her to access to said creek, and that the ark prevents access at the point where it is located.

The ark “Frolic,” owned by defendant, is moored in Corte Madera Creek on the west side in such a way that it floats at high tide, but at low tide the landward side rests on the bank. It is moored to the shore by chains. The defendant has no license from the state to moor his ark in Corte Madera Creek, which is tide-water. Plaintiff claims that defendant, in addition to maintaining a public nuisance, maintains a private nuisance with respect to her-—-this claim depending on her land being riparian to the creek. The lower court gave judgment for defendant for his costs, finding that plaintiff’s land was not bounded by the creek; that defendant had not entered upon nor moored a houseboat to plaintiff’s land, nor to state land immediately to the north, or east of her land; that the houseboat does not cut off plaintiff’s…