Sievers

This is an appeal by defendants from a decree, adjudging that the lawful official grade of the crossing of Chestnut and Polk streets in the city and county of San Francisco is at ninety-five feet above base, and enjoining the defendants from filling in the said crossing above the said grade.

Plaintiff is and has been the owner for more than twenty years last past of a piece of land situate at the southwest corner of Polk and Chestnut streets, having a frontage of one hundred and thirty-seven and a half feet on the westerly side of Polk street, and a frontage of two hundred and seventy-five feet on the southerly side of Chestnut street. The premises were and are used in carrying on the business of a florist and in growing flowers and plants, and are improved with hothouses, constructed of glass in large part, and containing furnaces and apparatus for warming and heating said houses. The entire property, land and improvements, represents an investment of about $45,000.

At some time prior to August 10, 1903, the official grade at said crossing had been fixed and established at ninety-five feet above base. The land of plaintiff was and is on said grade, and the improvements thereon…