Racich v. Mastrovitch

The plaintiff has appealed to this court from an order of the trial court sustaining a demurrer to his complaint. The complaint alleges in substance that the plaintiff and defendant are adjoining landowners, that the defendant maliciously and with the intent to damage the property of the plaintiff caused to be erected wihat is referred to as a “spite fence.” This fence was built on the line of defendant’s property and in such a manner that it “completely shut off the air and light., in the apartments located along the west, side of plaintiff’s said building, with -the further results that the…