Hargro
Hargro v. Hodgdon
Opinion
Lead Opinion
Temple, J.
— Appeal from judgment and order denying defendant's motion for new trial.
*626 This action is brought to abate a nuisance; to remove an obstruction placed by defendant in what is alleged to he a public alley, extending from Sixteenth Street northerly to Fifteenth, through the block bounded by these streets and Mission Street and Julian Avenue, in the city and county of San Francisco. The alleged alley is known as Lida Place or Court.
From the complaint it appears that plaintiff Selina Hargro" jowns a lot extending from Julian Avenue to Lida Place, and that defendant has erected a house in the allejq occupying the whole of it for a distance of thirty feet. From the measurements given it can he ascertained that for the greater part of this distance it abuts upon the property of plaintiff Selina, who is the wife of the other plaintiff, James Hargro, thus shutting her off to that extent from access to the alley. But there is no express allegation of such fact.
It is averred that the obstruction greatly damages plaintiff, decreases the value of her real estate, and jeopardizes her right in the alley; “ that said house interferes with °plain tiff’s use and enjoyment of said alley,…