Payne v. McKinley

Department No. 1, Ross, J.:

Plaintiffs, who are private persons, are the owners and in possession of a certain block of land fronting on Berry Street, in the City and County of San Francisco, and bring this action to enjoin defendants from constructing a street railroad in and upon said street. The only averment of injury to plaintiffs found in the complaint is the following: “ That the use and occupation of said street by defendants for the purpose of constructing and operating said railroad, as aforesaid, would cause great and irreparable injury to plaintiffs and their property, by reason of…