Hargro v. Hodgdon

Citations

• 89 Cal. 623
• 26 P. 1106
• 1891 Cal. LEXIS 868

Syllabus

<p>Public Nuisance—Obstruction of Alley—Special Injury to Plaintiff — Pleading — Special Demurrer — Motion for Judgment. — In an action to abate a nuisance caused by the obstruction of a public alley, although the complaint does not by explicit, positive averment state a special damage or injury to the plaintiff different in kind from that sustained by the general public, yet if that essential fact appears by plain and necessary implication, and no objection to the pleading is taken by special demurrer, the pleading will be upheld, upon a motion for judgment on the pleadings made at the commencement of the trial.</p> <p>Id. — Obstructing Access to Private Premises — Private Nuisance. — A private individual may maintain an action to abate an obstruction which, while obstructing the public highway, also cuts off access from his premises to the public highway, and thus becomes as to him a private nuisance.</p> <p>Id. — Damage to Plaintiff—Equitable Relief. — The plaintiff need not show, nor need the court find, any actual pecuniary damage to the plaintiff, to justify the abatement of the nuisance. The fact that the threatened injury to the plaintiff, by reason of the obstruction, is of such a nature that it is incapable of pecuniary estimation is ground for equitable relief.</p> <p>Id.—Invasion of Substantial Right — Continuing Trespass—Nominal Damage—Abatement of Nuisance.—If a substantial right has been invaded by a nuisance, especially if the wrong be in the nature of a continuing trespass of such a character that its continuance will create a right against the estate of another, or operate to deprive such person of a substantial right incident to his property, the nuisance will be abated, although the damage suffered is merely nominal.</p> <p>Public Alley — Dedication. — Where the owners of land agreed to give a certain portion thereof for the purpose of opening an alley, and the alley was thereupon opened, and deeds and mortgages were made recognizing its existenc