Pierce v. German Savings & Loan Society

Searls, C. This action is brought to recover damages claimed to have been sustained from a nuisance [181]maintained upon the premises of the defendant, adjoining those of the plaintiff.

The cause was tried by a jury, and a verdict rendered in favor of the plaintiff for $1,050, for which sum judgment was entered. Defendant appeals from the judgment, and from an order denying a new trial.

The facts shown by the evidence are that the plaintiff and the defendant are the owners of contiguous lots of land on Montgomery Street in San Francisco, separated by a party-wall; that the plaintiff has been the owner of his lot of land for upward of twenty years, and that the defendant has been the owner of the adjacent lot of land since August 3, 1882; that upon the premises of the defendant there has been maintained a steam-bathing establishment for ten or twelve years, and that by the manner in which the said bathing establishment had been maintained, the plaintiff had sustained damage.

It also appeared that the said, steam-bathing establishment was placed there by the former owner of the premises, and during the period of the alleged nuisance and damage was maintained by one Justin Gates, who was in possession under a lease from August Alers, the owner of the said premises at the time of making said lease.

Gates had been in possession of the premises, and had maintained the steam-bathing establishment since January 1, 1880. He had taken a new lease from Alers January 11, 1882, for the term of two years, and had remained in possession under that lease until after the commencement of this action.

While Gates was so in possession of the premises under this lease, Alers, on the 3d of August, 1882, conveyed the premises to the defendant, and after that date Gates attorned to the defendant and paid it the rent provided for in the lease. In the summer of 1883 the premises were repaired by the defendant, and since then no damage has been sustained.

[182]It would seem that the injury complained of commenced as early as 1881, and in January or February of 1882 plaintiff notified August Alers of the fact; that Alers then claimed to have nothing to do with the property, and referred plaintiff to the defendant as the owner. Defendant held a mortgage upon the property, but did not become the owner thereof until August 3, 1882, as before stated.