Smith v. City of San Luis Obispo

Ejectment to recover a parcel of land in the city of San Luis Obispo, alleging an ouster on November 13, 1890. The answer denied all the allegations of the complaint except that defendant was a municipal corporation, and alleged that the demanded premises “ is, and for many years last past has been, a public street of said city, to the possession of which the defendant is entitled for street purposes.”

The plaintiff had judgment, and defendant appeals upon the judgment roll.

The demanded premises is a strip of land about 45 feet wide and 175 feet long, and which would be wholly occupied or covered by Beach Street, in the city of San Luis Obispo, if that street were extended from a point claimed by plaintiff to be its present northwesterly terminus to Marsh Street.

A diagram, made part of the findings, but which it is not necessary to reproduce in this opinion, shows the course of Marsh Street to be northeasterly and southwesterly. Pacific Street is easterly from and parallel to Marsh Street. Nipomo Street crosses both Marsh Street and Pacific Street nearly at right angles, and Beach Street is about five hundred feet southerly from and parallel to Nipomo Street. The land in…