Dunlop v. O'Donnell

The material facts and issues in these two actions, which have been consolidated for the purposes of this appeal, are identical and everything said herein will apply to each case.

The respondent is the owner of a certain parcel of land abutting on the northerly side of Third Street between Spring and Broadway Streets in the city of Los Angeles. The appellant O’Donnell, as the agent of the appellant Stimson, commenced the construction of a tunnel containing a permanent cement conduit some five and one-half feet wide under the northerly half of said Third Street, in front of the respondent’s…