Tuebner v. Cal. St. R.R.

Citations

• 66 Cal. 171
• 4 P. 1162

Syllabus

<p>Nuisance—Duty of Owner of Proferty.—An owner of property must not use it, even in a lawful business, in such a manner as to interfere with another in the legitimate use of his property.</p> <p>Id.—Cable Railroad—License.—A license granted by a municipality to a railroad company, to run a line of cable cars along the streets of the city, does not authorize the company to construct and operate a stationary engine upon its land, in such a manner as to interfere with the comfortable enjoyment of his premises by an adjoining proprietor.</p> <p>Id.—Damages—Abatement.—In an action to abate a nuisance and for damages, the fact that the defendant remedied the evil complained of after the commencement of the suit does not affect the right of plaintiff to recover damages for injuries sustained prior to that time.</p> <p>Id.—Measure of Damages.—In an action for damages for a nuisance, it is not incumbent upon the plaintiff to prove the loss in value caused by the injury. The jury may fix upon a reasonable sum as a proper compensation.</p>