Requena v. Mayor of Los Angeles
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Los Angeles. The .plaintiff brought this action to abate a sewer and sink, alleging it to be a nuisance. Defendant had judgment, and plaintiff appeals.
1Opinion of the Court
By the Court:
Whether or not the overflowing of the sewerage complained of is injurious to health, or offensive to the senses, or obstructs the plaintiff’s property, or interferes with its enjoyment, is a question of fact. (People v. Davidson, 30 Cal. 379; Blanc v. Klumpke, 29 id. 156.)
The complaint alleges that the overflow gave rise to noxious and offensive smells and tainted the atmosphere so as to render the dwelling house and premises of the plaintiff unfit for habitation, and in that way obstructed the use of plaintiff’s property, and injured the health, and offended the senses of the…
2Cases cited1 opinion
- People ex rel. Teschemacher v. DavidsonCalifornia Supreme Court · 1866
3Cited by2 opinions
- Twenty-Second Corp. of Church of Jesus Christ of Latter-Day Saints v. Oregon Short Line RailroadUtah Supreme Court · 1909
- People ex rel. Britton v. Park and Ocean RailroadCalifornia Supreme Court · 1888