Tibbets v. Blade

Citations

• 60 Cal. 428
• 1882 Cal. LEXIS 485

Syllabus

<p>Action fob Public Nuisance—Judgment on the Pleadings.—Appeal from a judgment for the defendant in an action for damages for a public nuisance committed by obstructing a highway, and from an order denying a motion made by the plaintiff after judgment to set aside the judgment and enter judgment in his favor on the pleadings.</p> <p>Held: The motion was irregular and was properly denied; and if a like notice had been made at the commencement of the action, it should have been denied, because all the material allegations of the complaint are denied in the answer.</p> <p>Id.—Evidence—Ejectment.'—Even if the action could be construed as in ejectment for the premises alleged to have been intruded upon by the defendant, evidence as to the intrusion was properly excluded in the absence of evidence of seisin or possession by plaintiff.</p> <p>Id.—Complaint.—But the complaint clearly shows that the action is to recover damages for a public nuisance and is defective in not alleging special damages to the plaintiff.</p>