Schaufele v. Doyle

Citations

• 86 Cal. 107
• 24 P. 834
• 1890 Cal. LEXIS 980

Syllabus

<p>Injunction — Raising Level of Street — Trespass—Rights of Abutting Owner. •—An injunction will lie against trespassers to restrain the raising o£ the level of a street, where it appears that they are about to raise it above the level of the property of an abutting owner, as such raising of the street is an obstruction to the abutter’s reasonable use of the street, and an encroachment upon his individual rights.</p> <p>■Id. — Nonsuit — Affirmative Defense — Justification under Authority of City. — An answer in a suit for an injunction justifying the act done, under the authority of the city, cannot be considered upon a motion for a nonsuit, where the defendants offer no evidence of their affirmative .defense.</p> <p>Id. — Insolvency of Defendants — Obstruction of Easement. — The fact that the defendants in such action are solvent does not defeat the plaintiff’s right to an injunction, as the acts complained of constitute such an obstruction of the plaintiff’s easement in the street as to constitute a permanent injury to the inheritance, which, if permitted to continue, would ripen into a right.</p> <p>Id. — Eminent Domain — Right to Compensation — Easement in Street — Rights T)f Abutting Owner. •— An abutting owner on a street has the right of access to and egress from his land abutting on the street, which right is property of which he cannot he deprived, even for a public purpose, without compensation first made, and the right exists although the abutter has no estate in fee in the street, but has only an easement therein; and he is entitled to an injunction against a wrongful appropriation of the street.</p>