Blackfield v. Thomas Allec Corp.

GANS, J., pro tem.

The action is one for injunction to compel removal of an overhanging wall. The trial court denied the injunctive relief sought, but awarded plaintiff damages in the sum of $200; and plaintiff has taken an appeal which is presented on the judgment-roll alone. The sole question to be determined is whether the trial court abused its discretion in awarding damages instead of granting the injunctive relief.

The facts as found by the court are as follows: Appellant and respondent own adjoining lots in San Francisco. Upon the lot of appellant is a two-story dwelling, completed in…