Dreher

This is an action to abate a nuisance, alleged to have been committed by defendant by obstructing the south half of a public street for a distance of six hundred and sixty feet, which street is situate in the city of Pomona, county of Los Angeles, California.

The cause was tried by the court without the intervention of a jury, written findings filed and judgment rendered thereon in favor of defendant, from which judgment and from an order refusing a new trial plaintiff prosecutes this appeal.

The court upon the issues made by the pleadings as to whether the street in question had been dedicated and accepted as a public street, found:

That in the month of May, 1887, the locus in quo “was laid out and graded by private citizens, who offered to dedicate the same to the public as and for a public street, but the same was never dedicated as a public street or used or accepted by the public as a public street, or known by the public as Green street, or any street.”

The court further found in substance that in May, 1891, defendant plowed up the south half of the strip of land in question, planted trees thereon and surrounded the same by a ditch, so as to render such south half of…