Altvater v. Breckenridge

Restraining appellants from encroaching upon a public lane, the judgment here held the obstruction a public nuisance and ordered appellants to restore the lane to its former condition. The judgment also awarded damages to respondents for such obstruction. It likewise held appellants’ building subject to a set back requirement of a city ordinance. Appellants’ attack upon it, based upon alleged insufficiency of the evidence, error in fixing damages, and erroneous rulings on the admission of evidence, fails. However, we have concluded that in the face of the ambiguity of the ordinance, and in…