Gardner v. Stroever

Citations

• 89 Cal. 26
• 26 P. 618
• 1891 Cal. LEXIS 760

Syllabus

<p>Nuisance — Obstruction of Highway—Private Right of Action.— If the obstruction of a highway affects a person only in common with the public at large, in respect to the use of the highway, he cannot have a private action therefor; but if the free use of his private property is interfered with by the obstruction, he may bring a private action to abate the nuisance.</p> <p>Id. — Preventing Access to Slaughter-house. — The owner of a slaughterhouse situated on a public highway, who is accustomed to slaughter a number of animals each day, and has no other place for slaughtering them, is specially injured by an obstruction erected in the highway for the purpose and which has the effect of preventing him from reaching his slaughter-house, and he has a right in his own name to commence and maintain an action to abate it.</p> <p>Id.—Obstruction Completed before Suit — Mandatory Injunction — Abatement of Nuisance. — An obstruction to the free use of property, so as to interfere with its comfortable enjoyment, is a nuisance, and notwithstanding it existed before the commencement of the action, it may be abated by a mandatory injunction, or by a judgment that the obstruction be removed and the nuisance abated.</p> <p>Id. — Preliminary Injunction. — Mandatory preliminary injunctions are seldom granted, and only in a peculiar class of cases; and, obviously, alleged nuisances ought not, in ordinary cases, to be abated by preliminary injunction.</p>