Bigelow

Appeals from the judgment and from the order denying a new trial.

Negro alley was, and for many years had been, a public street and highway of the city of Los Angeles. It extended northerly and southerly, and plaintiff and defendant owned opposite frontages upon it. Plaintiff’s land was on the west, while defendant’s property was on the east side of the alley.

The municipal authorities vacated and abandoned Negro alley, and established a new street to the west thereof called Los Angeles street. The east line of Los Angeles street and the west line of Negro alley, while in close proximity, did not coincide. There was left a narrow wedge-shaped strip of land held in private ownership between the lines of the two streets.

After the vacation of the old and the establishment of the new street, the defendant asserted the right to a frontage upon Los Angeles street corresponding to that which he had enjoyed upon Negro alley. This claim, while not sound in law, drew some support from the language of the revised charter of Los Angeles (approved April 1, 1876). Acting upon this claim, he encroached upon, took and held possession of, so much of Negro *561 alley and the wedge-shaped strip…