Ostant v. Pacific Grocery Co.

Citations

• 117 Wash. 103
• 200 P. 1032
• 1921 Wash. LEXIS 1081

Syllabus

<p>Municipal Corporations (356, 370) — Use of Streets — Obstructions— Rights op Abutting Owners — Injunction — Decree. An owner of residence property is not entitled to an injunction against tbe use of any part of the pavement in front of and abutting on his property, by a small electric truck, with rubber tires, where the pavement was not intended as a sidewalk, and the truck only made infrequent trips and did not interfere with use by pedestrians.</p> <p>Same. Where a railway company has constructed a common-user spur-track in an alley with the consent of the city under the power granted by Rem. Code, § 7507, subd. 9, a decree enjoining defendant from using that part of the track opposite plaintiff’s premises for the storage of cars, and restraining defendant from allowing cars being loaded from its warehouse to project in the rear of plaintiff’s premises longer than forty-eight hours, sufficiently protects the personal and property rights of plaintiff.</p>