Helm

Helm v. McClure

Good Law
107 Cal. 199·1895 Cal. LEXIS 734·40 P. 437
Supreme Court of CaliforniaApril 30, 1895No. 15803California2,055 words

Opinion

lead Opinion

Britt, J.

— Action begun May 13, 1893, to abate an alleged public nuisance, plaintiff claiming to have sustained special damage. After trial the court found that *201 for fifteen years last past there has been a public road in the county of Lake, about forty-three rods in length, which is an extension northeasterly of Main street in the town of Upper Lake; that for upwards of three years last past plaintiff has been the owner and in possession of a lot of land on the west side of, and adjacent to, said public road; that the only means of entrance and exit to and from plaintiff's lot is over such highway, and she had been accustomed to travel with vehicles and on foot over the same to her lot until about December 1, 1891, when defendants erected a dwelling-house and fence in said road, whereby access to and egress from her lot is wholly prevented; that plaintiff has suffered no pecuniary damage by reason of such obstructions, but has been injured in a “ manner different in degree and in kind from what the public in general have suffered ”; that the defendants—who are husband and wife—are the owners of the land on which the obstructions rest subject to the right of the public to use the same…

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