Title Insurance & Trust Co. v. County of Los Angeles

THOMAS, J.

This is an action for injunction. From the complaint it appears that plaintiff claims that on the 25th of April, 1915, it “was and is the owner and possessed of” certain lands described therein; that while so possessed, the defendants, “on or about said date,” and on divers other days between said date and the commencement of said action, acting by and through their agents, etc., “wrongfully, unlawfully, and without right, permission, or authority, broke into and entered upon said tract of land, and began and continued, from a day on or about the twenty-third day of April, 1915, to the date of the commencement of this suit, the construction of a roadway on, over, and across said tract of land, and in and "about the construction of said roadway defaced the said land by cuts and fills and displacement of rocks and the soil thereof, and destroyed valuable growing timber thereon, and obstructed and filled up a stream of water flowing thereon, and thereby and otherwise committed great damage, waste, and injury to said tract of land, all without the knowledge or consent of plaintiff, and to the great and irreparable damage and injury of plaintiff.” After describing the natural beauty and the peculiarly inviting characteristics of the land which tend, in the mind of the pleader, to enhance the value of the same, it is further alleged that defendants, as hereinbefore set forth, “broke into and entered upon said tract of land with a large force of laborers, to the number of fifty or upward, with tools, machinery, and teams; that the said laborers are now encamped and congregated in the immediate vicinity of

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said tract of land, with, a large number of work teams and with a large quantity of tools and machinery; that large quantities of tools and machinery are now in said canyon on said land; that in the construction of said roadway as aforesaid said laborers, acting under the direction of defendants herein, removed the fence and gate constructed across the mouth of said canyon, and said laborers, under the direction of the defendants herein, have already proceeded and carried their work of construction of said roadway to a distance of approximately one-eighth of a mile up said canyon; that the said defendants are about to, and will unless restrained by this court, commit further injury and damage to said land of plaintiff in this: that they will continue the construction of said roadway up and through the said canyon, and in such work of construction will cut down valuable growing timber, displace rocks and soil, fill up or divert the stream of water flowing in said canyon, and deface and mar said lands and the natural beauty of said canyon with cuts and fills, and will otherwise damage and injure said lands by such construction work, all to the great and irreparable injury and damage of plaintiff.”