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147 Cal. 382

81 P 1104

People v. Wing

California Supreme Court

Decided August 1, 1905

California Supreme Court · decided 1905-08-01

<p>Public Nuisance — Violation op Fire Ordinance — Abatement — Pleading.—A complaint in an action by the district attorney in the name of the people to abate a public nuisance for maintaining a wooden building within the fire limits of a town, with a sheet-iron pipe, in violation of an ordinance declaring it a public nuisance, which also alleges that its maintenance is a menace to the safety of the town from fire, and has thereby endangered and now endangers the public safety in the town, and constitutes a public nuisance in fact, and that defendant threatens to continue to maintain it in the present condition,—is sufficient as against a general demurrer. [McFarland, J., Henshaw, J., and Angellotti, J., dissenting.]</p> <p>Id.—Jurisdiction op Superior Court.—The superior court has jurisdiction of the subject-matter of such action.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1905-08-01

How this case has been cited

Cited by 8 later decisions — most recently February 1988

8 state decisions

40190519101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McFARLAND, J.,

¶1 dissenting.—I dissent. In my opinion, the. facts stated in the complaint are not sufficient to warrant the equitable remedy prayed for." I think that the demurrer was properly sustained by the court below.

¶2 Henshaw, J., and Angellotti, J., concurred in the dissenting opinion.

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