Caifornia Navigation Co. v. Union Transportation Co.

Citations

• 122 Cal. 641
• 55 P. 591
• 1898 Cal. LEXIS 649

Syllabus

<p>Injunction—Use of Steamboat Landings—Pleading—Irreparable Injury.—In an action by one steamboat company against another to prevent- its use of landings and wharves erected by the plaintiff for its exclusive use under contract with the owner of the land, a complaint averring generally daily and continuous damage to-plaintiff, which he cannot determine or calculate, and which cannot be recovered without a multiplicity of suits; and that defendant, if not restrained from a continuance of its acts, will acquire an easement in the property, without further statement of facts showing how or why plaintiff will sustain irreparable injury, is insufficient to show irreparable injury, or to sustain the extraordinary remedy by injunction.</p> <p>Id.—Construction of Pleading.—The rule is that pleadings are to be construed most strongly against the pleader.</p>