McLean

McLean v. Llewellyn Iron Works

Good Law
1905 Cal. App. LEXIS 247·2 Cal. App. 346·83 P. 1082
Court of Appeal of CaliforniaDecember 5, 1905Civ. No. 72.California1,698 words

Opinion

Lead Opinion

Smith, J.

Upon a reconsideration of this case on a second rehearing we are of the opinion that the judgment and order denying the defendant’s motion for a new trial should be affirmed on the grounds stated in the opinion originally tiled, which is as follows:

The plaintiff is the owner of five lots of land hounded by and fronting on Railroad, Magdalena, and San Fernando streets in the city of Los Angeles. The defendant is the owner or lessee of lands on the other side of Magdalena street. We would give the directions, but the points of the compass aré not shown on the plat in the transcript, and nothing is said upon the subject by the witnesses. The suit was brought to abate certain structures erected in the street by the defendant, and other nuisances thereon, and for an injunction. Judgment was for the plaintiff as prayed for. The appeal is from the judgment, and from an order denying the defendant’s motion for a new trial; but the former appeal was not filed in due time and must be disregarded. It is found by the court that the defendant has “entered upon and taken possession of a part of said Magdalena, Railroad, and San Fernando streets, and has obstructed the same by the construction…

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