Rose
Rose v. De Witt
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the plaintiff, but for an amount less than that to which she deemed herself entitled. The plaintiff was the owner of lot 12, block “D” of the Harvard Heights Tract in the city of Los Angeles, upon which was a residence which she occupied as her home. The defendant was the owner of lots 13 and 14 in the same tract, which immediately adjoined the said property of the plaintiff. There were certain building restrictions imposed upon the erection of structures in the tract which forbade the erection upon any of the lots within it of any structures other than first-class private residences of at least two stories in height, and which also provided that such residences should be located not less than twenty feet from the property line along the street. About two months before the commencement of this action the defendants commenced the erection of a flat building upon their said lots in alleged violation of these building restrictions as to the height and quality of the buildings, whereupon the plaintiff commenced this action, in which, in her original complaint, she sought to enjoin the further prosecution of work upon said building. She…