Bigelow

This is an action to restrain the city of Los Angeles and the California Bridge Company from erecting a bridge and viaduct across the Los Angeles River, on First Street, within the city limits. The hearing of the application for a preliminary injunction was had upon the pleadings and affidavits. Thereupon the court denied the application, and vacated the preliminary order which it had made, restraining the defendants from further proceedings pending the hearing of the motion. The material allegations of the complaint are denied in the answer of the city, and also in the complaint of intervention which the court allowed to be filed on behalf of the Los Angeles Cable Railway Company; and the affidavits used on the hearing are very conflicting as to the size, height, and effect of the structure.

The showings made by all parties evidently left the court in doubt as to the probable effect of the viaduct upon the property of the plaintiff; and as the plaintiff had stood by until the greater part of the work had been completed, and was endeavoring only to secure the amount .of damage occasioned to her property, before the work was completed, and disclaiming any intention of *618…