American Railway Expeess Co. v. Lassen Realty Co.

Marsh, J.:

This is a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. The motion must, of course, be determined on the complaint alone. It appears that the parties are owners of adjoining buildings, which were erected many years ago. Prior to 1906 each was a four-story building, and the wall between them was a party wall. In that year the plaintiff’s predecessor built next to the party wall on its own side a “ new ” or “ additional ” wall, which it carried up nineteen feet six inches above the top of the old wall, for the purpose of adding…