Hitch v. Scholle
California Supreme Court
The facts are stated in the opinion of the court.
1Opinion of the CourtLennon, J.
In this action, the plaintiff sought and secured a judgment decreeing the existence of a public highway over the lands of the defendant, and as an incident of the' judgment the defendant was perpetually enjoined from obstructing said highway. The action is, as the defendant contends, one to abate a public nuisance by a private person not alleged to have been specially injured thereby. [1] The complaint, therefore, does not state facts sufficient to constitute a cause of action and the defendant’s demurrer upon that ground should have been sustained.
[2] It is well settled that if an…
2Cases cited7 opinions
- Grisby v. Clear Lake Water Works Co.California Supreme Court · 1870
- Houck v. WachterCourt of Appeals of Maryland · 1871
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- County of Yolo v. City of SacramentoCalifornia Supreme Court · 1868
- Gardner v. StroeverCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Venuto v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1971
- Beals v. City of Los AngelesCalifornia Supreme Court · 1943
- Beckhan v. City of StocktonCalifornia Court of Appeal · 1944
- Blanding v. City of Las VegasNevada Supreme Court · 1929
- People v. AmdurCalifornia Court of Appeal · 1954
12 more not listed; retrieve them via the Exa API.