Warren

De Long v. Warren

Good Law
4 Cal. Unrep. 677·36 P. 1009
Supreme Court of CaliforniaJune 13, 1894No. 14,924California669 words

Opinion

Lead Opinion

This action was brought to recover damages caused by the regrading of a street upon which plaintiff is an abutting proprietor. The complaint was not verified. The answer denied all the allegations of the complaint, and averred that the acts complained of consisted in the performance by him of the work of grading Frederick street, between De Long avenue and Ashbury street, in the city and county of San Francisco; that the work was done in a good and workmanlike manner and not otherwise; and that the damage to the property of plaintiff, if any, is by reason of the lot of the plaintiff being below the official grade of said street as established by the board of supervisors. The court found that the plaintiff was the owner of a lot having a frontage of one hundred and eighty-five feet on Frederick street, in the city and county of San Francisco, and extending to the center of said street; that on June 1, 1890, the defendant entered upon said street, and dumped rock, sand, gravel and other material into and upon the street in front of plaintiff’s lot, and'raised the grade five feet above what it was previously; that plaintiff was injured thereby, her grounds lessened in value, etc., to…

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