People v. Pope
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The action was commenced in 1872, at which time the de- • fendants were using East Street, in San Francisco, for storage of lumber; and. the action is to abate the nuisance caused thereby. At the trial the plaintiff introduced the following evidence : Brigadier-General S. W. ICearny’s grant; the plan or map of San Francisco, compiled by Wm.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The action was commenced in 1872, at which time the de- • fendants were using East Street, in San Francisco, for storage of lumber; and. the action is to abate the nuisance caused thereby. At the trial the plaintiff introduced the following evidence : Brigadier-General S. W. ICearny’s grant; the plan or map of San Francisco, compiled by Wm. M. Eddy, surveyor; a law of the State of California, entitled “An Act to provide for the disposition of certain property of the State of California,”…
1Opinion of the Court
By the Court, Crockett, J.:
That East Street was duly dedicated as a public street can admit of no serious doubt, on the facts established at the trial, and it is not denied that at the time of the commencement of the action the defendants were, and for a long time prior thereto had been, using a portion of the street as a lumber yard, obstructing the same with piles of lumber, and preventing the use of it by the public as a highway.
*451Apparently, the only defense seriously relied upon was the Statute of Limitations, the defendants claiming that they had been in the actual adverse occupation of…
2Cases cited1 opinion
- Hoadley v. City & County of San FranciscoCalifornia Supreme Court · 1875
3Cited by24 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- People v. SayigCalifornia Court of Appeal · 1951
- Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
- People Ex Rel. State Bd. of Harbor Comm'rs v. KerberCalifornia Supreme Court · 1908
- Ames v. City of San DiegoCalifornia Supreme Court · 1894
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