Wheeler v. City of Oakland
California Court of Appeal
APPEAL from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. Everett J. Brown, Judge. The facts' are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
By this action plaintiffs claim ownership to a strip of land ten feet in width by four hundred feet in depth, and complain of an alleged trespass upon said property by defendants, and they seek damages for injuries committed and an injunction to restrain a recurrence thereof.
Defendants, a municipal" corporation and its superintendent of streets, justify the acts complained of on the ground that the land in question is a portion of a public street, which it is the purpose and intention of defendants to improve and maintain as such. Defendants claim in that behalf that the ten-foot strip…
2Cases cited13 opinions
- Archer v. Salinas CityCalifornia Supreme Court · 1892
- Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
- Hoadley v. City & County of San FranciscoCalifornia Supreme Court · 1875
- City of Sacramento v. ClunieCalifornia Supreme Court · 1898
- Smith v. City of San Luis ObispoCalifornia Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Imperial Beach v. AlgertCalifornia Court of Appeal · 1962
- Mulch v. NagleCalifornia Court of Appeal · 1921
- Fitzgerald v. SmithCalifornia Court of Appeal · 1928
- Tischauser v. City of Newport BeachCalifornia Court of Appeal · 1964
- County of Orange v. ColeCalifornia Court of Appeal · 1950
5 more not listed; retrieve them via the Exa API.