Bigley v. Nunan
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. Action to abate a nuisance caused by the erection of a fence in the highway in front of plaintiff’s property, and for damages. The only allegation of damage is that referred to in the opinion. Plaintiff had judgment, and defendants appealed.
1Opinion of the Court
By the Court :
The obstruction of the alleged highway consists of a fence running lengthwise along the middle of the street, and connected by cross fences with the side of the street opposite to premises of plaintiff. The access from plaintiff’s lot to the street has not been cut off or impeded, and if plaintiff and his immediate neighbors have more occasion to pass through the street' than the public at large, this is an inconvenience in degree only, and is not an injury in hind different from that sustained by the public.
The only damage complained of by plaintiff is that by reason of the…
2Cited by29 opinions
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- Breidert v. Southern Pacific Co.California Supreme Court · 1964
- Darnall v. StateSouth Dakota Supreme Court · 1961
- Hargro v. HodgdonCalifornia Supreme Court · 1891
- Marini v. GrahamCalifornia Supreme Court · 1885
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