White

This is an action to recover for the use of the public as a part of a street, a strip of land about seven and one half feet wide, extending along the front of the lot of defendant White a distance of about one hundred and fifty feet. Defendant White had judgment, and plaintiff made a motion for a new trial. The motion was granted, and this appeal is from the order granting such motion.

The defendant’s lot is a portion of block 186 of the city of Petaluma, according to the official map of said city. This land has a frontage of about one hundred and fifty feet on the southerly line of the public street known as Western Avenue. Proceedings for the widening of this street were had in 1879, resulting in a decree of condemnation made by the district court on October 21, 1879, by which a twelve- and-one-half-foot-strip of land along the southerly line of the street was condemned for the use of a public street, upon the payment to the owners of the land taken of the several amounts awarded to them as damages. At that time, one J. R. Robinson was the owner of a portion of lot 186, which portion included all thereof subsequently acquired by defendant. The decree of condemnation described…