McCarthy

By the Court,

The plaintiff was engaged in removing the planks from a wharf at the foot of Broadway street in the city of San Francisco, and cutting off the piles one or two feet for the purpose of making this wharf correspond in *454 height with a new wharf which the plaintiff was building next adjoining on the north. The defendant McCarthy, being the street commissioner of the city of San Francisco, and the other defendant by his orders, compelled the plaintiff to desist by force, but used no more force than w;h necessary to effect that object. The plaintiff owned the land adjoining the wharf on the north, and one question made at the trial was whether the spot, at •which he was at work, was on his own land or on that portion of the wharf which was in the street. ¥e must presume the latter under the verdict of the jury. The plaintiff then was removing planks and cutting off the piles of a public wharf at the foot of one of the public streets. I think the street commissioner had the right to use the necessary force to prevent any injury to the wharf, which was, in truth, but a continuation of the street. The wharf had been built of a certain height, and it was not for the…