Strong v. Sullivan

[332]

MELVIN, J.

Plaintiff appeals from a judgment whereby he was denied injunctive relief against defendant, who each night between the hours of 6 P. M. and 2 A. M. (approximately) maintains and transacts a restaurant business upon a public street of the city of Los Angeles, in the vicinity of plaintiff’s building.

The findings clearly disclose the facts, while the findings, conclusions of law, and judgment set forth the theory upon which the learned chancellor acted. Plaintiff has owned for many years the property at the southwest corner of Seventh Street and Central Avenue, two public streets of the city of Los Angeles. Upon this property is a two-story building occupied by tenants, the upper floors being devoted to hotel purposes and the lower to business pursuits of various kinds. One of the tenants on the ground floor, occupying a room facing on Seventh Street, conducts a restaurant.

Among the findings are the following: ‘‘That for a period of more than four years last past, defendant, J. Sullivan, and his predecessor, have on every evening, at about the hour of 6 o’clock P. M., brought a portable lunch wagon and lunch counter to that portion of Seventh Street directly in front of the premises of the plaintiff, and a few feet east of that portion of the building occupied by a restaurant and cafe; that said defendant has kept and maintained said portable lunch wagon and lunch counter at said point until about the hour of 2 o’clock A. M. the next morning; . . . that it is true that said lunch counter and lunch wagon obstructs the free use of the public street in front of the plaintiff’s premises; that it is true that it interferes with the right of ingress and egress of plaintiff and of his tenants to and from his premises; that it is true that said lunch wagon and lunch counter occupy a portion of the public street, and it occupies the same under a license from the city of Los Angeles held by defendant J. Sullivan; that it is true that it does not pay any rent for the space so occupied; that it is true that said lunch wagon and lunch counter does enter into direct competition with a tenant of the plaintiff engaged in the restaurant business, who is compelled to pay rent to the plaintiff.”

At the trial the defendant introduced in evidence a certain license of the city of Los Angeles granting him permission to transact “the business of Lunch Wagon” in conformity with the provisions of Ordinance No. 20,000 (New Series).