Noel

The respondents have made a motion to dismiss this appeal or affirm the judgment on the ground that the appeal is not substantial and, in fact, presents no debatable question of law. The parties, excepting the city and county of San Francisco, own lots adjoining a private right of way known as Culebra Terrace, opening into Chestnut Street. The grade of Chestnut Street was recently raised and, of course, unless the Culebra Terrace is also raised, the use thereof for pedestrians and vehicles is rendered difficult, and the free and open enjoyment thereof is prevented. The plaintiffs, representing nine out of the thirteen lots served by the terrace, brought this action against the defendants Alfredo Capobianco and his wife (the owners of one lot) to have it declared that they had the right to reconstruct and regrade the terrace, at their own cost and expense. The appeal is from the judgment in favor of plaintiffs and is brought to us on the judgment-roll. The court found that ever since September 14, 1911, “all of the parcels of real property fronting upon Culebra terrace have been subject to an easement of right of way over the said real property, for purposes of ingress and egress…