Legal Opinion

Stallard v. Cushing

California Supreme Court

Decided June 9, 1888No. 11314PublishedCited by 5 opinions

Appeal from the judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

This action is to compel the removal of an obstruction, in the shape of a stairway, placed by the defendants in an alley through and over which the plaintiff has the right of way as an appurtenance to the lot upon which stands his dwelling-house. The plaintiff had judgment as prayed for, and from that and an order denying a new trial the defendants have appealed.

The alley over which the right of way is alleged to exist in favor of the plaintiff is ten feet wide, and is a cul-de-sac, running easterly eighty-seven feet from Taylor Street, near Sutter. The land on which the alley is…

2Cited by5 opinions

  1. Hargro v. HodgdonCalifornia Supreme Court · 1891
  2. Arciero Ranches v. MezaCalifornia Court of Appeal · 1993
  3. Flavio v. McKenzieCalifornia Court of Appeal · 1963
  4. Case v. SisichCalifornia Court of Appeal · 1929
  5. Dowe v. Connecticut General Life Ins.District Court, N.D. California · 1945

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