People ex rel. Lind v. City of San Luis Obispo

This action was instituted by.the people of the state of California, on the relation of Joseph *618 Lind, to abate an alleged public nuisance caused by the discharge of the sewage in the city of San Luis Obispo from the sewer system constructed therein and the vault located at the lower end thereof into the San Luis Obispo creek.

The cause was tried by the court, and very full findings of the facts were made and filed. As conclusions of law the court found “that the discharge of the sewage into the vault and receptacle (as complained of and found), and from thence into San Luis Obispo creek, is now and has been a public nuisance ever since a time prior to the commencement of this action. That the discharge of said sewage into said vault and creek will be a public nuisance between June first and December first of every year, and at all times when there is not water sufficient flowing in San Luis Obispo creek to carry away said sewage”; and that plaintiff was entitled to a judgment and decree “enjoining defendant, its officers, agents and servants, from discharging sewage from said sewer system or from said vault” into the creek between the dates named, “and at all other times when…