Gardner v. Stroever

Vanclief, C. The complaint describes a public road “ extending from the Oroville and Miner’s Ranch public road northeasterly past the slaughter-house of defendant and the slaughter-house of plaintiff, to the residence of Nancy Cooper,” about seventy rods in length, situate in Butte County, and alleges that plaintiff is in possession of a slaughter-house on the south side of the road described, “ and that the only means of entrance and exit •to and from said slaughter-house to said public highway leading from Oroville to Miner’s Ranch, or any other public highway, is over and along said highway leading to the residence of Nancy Cooper aforesaid; that the defendant, on the twentieth day of February, 1889, wrongfully, unlawfully, and fraudulently, and for the purpose [149]of vexing, annoying, and preventing this plaintiff from reaching his said slaughter-house, entered upon said public highway leading from the Oroville and Miner’s Ranch road to the residence of Nancy Cooper aforesaid, at a point between plaintiff’s slaughter-house and said Oroville and Miner’s Ranch road, and caused to be erected across said public highway an obstruction, to wit, a building which completely obstructed said road for all uses of a road, and wholly prevented this plaintiff from reaching his said slaughter-house; that plaintiff has no other way, convenient or otherwise, -by which he can reach his said slaughter-house; that plaintiff is engaged in the butchering business in the town of Oroville, and is compelled, in order to supply the wants of his customers, to slaughter a number of animals each day; that he has no other place for slaughtering said animals than the place heretofore described; that if defendant is permitted to maintain his said obstruction across the public road as aforesaid, plaintiff’s business will be entirely destroyed and broken up, to his damage in the sum of five thousand dollars; that by reason of the acts heretofore complained of, plaintiff has been damaged in the sum of three hundred dollars.

“ Wherefore plaintiff prays judgment against the said defendant for the sum of three hundred dollars and costs of suit; that defendant be enjoined and restrained from maintaining any obstruction in and across said road during the pendency of this action, and that upon the trial of this case said injunction be made perpetual, and for such other and further relief as maybe equitable and just.”

Upon this complaint alone the superior judge granted an injunction until further order, commanding the defendant and his agents “ to desist and refrain from obstructing, or in any way, manner, or form interfering with, the road leading from the Oroville and Miner’s Ranch road to the residence of Nancy Cooper.”