Caifornia Navigation Co. v. Union Transportation Co.
Synopsis
Injunction—Use of Steamboat Landings—Pleading—Irreparable Injury.—In an action by one steamboat company against another to prevent- its use of landings and wharves erected by the plaintiff for its exclusive use under contract with the owner of the land, a complaint averring generally daily and continuous damage to-plaintiff, which he cannot determine or calculate, and which cannot be recovered without a multiplicity of suits; and that defendant, if not restrained from a continuance of its acts, will acquire an easement in the property, without further statement of facts showing how or why plaintiff will sustain irreparable injury, is insufficient to show irreparable injury, or to sustain the extraordinary remedy by injunction.
Id.—Construction of Pleading.—The rule is that pleadings are to be construed most strongly against the pleader.
THE COURT. The plaintiff and defendant in this case are both corporations, organized under the laws of this state, and engaged in the business of transporting freight and passengers by steamboats between the city and county of San Francisco and the city of Stockton, and intermediate points.
The plaintiff brought this action to obtain an injunction restraining the defendant from making landings upon certain land bordering on the San Joaquin river and receiving therefrom and delivering thereon freight and passengers.
A general demurrer to the complaint was interposed and sustained, and, plaintiff declining to amend, judgment was entered that it take nothing by the action. From that judgment the plaintiff appeals.
It is alleged in the complaint that on November 30, 1896, one A. J. Lars-on was the owner of a tract of land in the county of [642]San Joaquin, containing fifteen hundred and ninety-two and fifty one-hundredths acres, and bounded in part by Black’s slough, by a certain levee canal, and by the San Joaquin river, and that on the day named he contracted with J. D. Peters that he, the said Peters, his heirs, executors, administrators, and assigns, “should have the sole and exclusive right and privilege, for the period and term of forty-three years from and after said date, to erect wharves, landings, piers, chutes, warehouses, and any and all buildings and structures in any way appertaining thereto, and shall have the exclusive right of landing with boats, barges, or other vessels on the said premises for said term, and shall have the exclusive right and privilege of making landings on any part or portion of the said, lands, fronting on the 'waterfront,’ so-called, that is, any part or portion of said lands facing upon any water surrounding the same, or any part or portion thereof.”
That on or about December 16, 1896, the said Peters, for a valuable consideration, assigned and transferred the said contract to the plaintiff, and that it is still the owner and holder thereof.
“That the said defendant, without the consent and against the ' will of the said plaintiff, has, for many days last past, continuously entered upon the said land and premises, and used the same for the purpose of making landings and receiving therefrom freight and passengers and of delivering thereon freight and passengers, and that the said defendant, although requested so to do, has refused to cease from said use of the said land and premises, and threatens to and will, unless restrained by this honorable court, continue to enter upon and use the said land and premises for the aforesaid purposes-.”
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