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53 Cal. 437

People v. Pope

California Supreme Court

Decided July 1, 1879

California Supreme Court · decided 1879-07-01

The action was commenced in 1872, at which time the de- • fendants were using East Street, in San Francisco, for storage of lumber; and. the action is to abate the nuisance caused thereby. At the trial the plaintiff introduced the following evidence : Brigadier-General S. W. ICearny’s grant; the plan or map of San Francisco, compiled by Wm.

Relies on Hoadley v. City & County of San Francisco

Good law ✅— No negative treatment on recordhow we know

Decided 1879-07-01

How this case has been cited

Cited by 21 later decisions — most recently February 1972

2 federal appellate · 16 state decisions

5018791880189019001910192019301940195019601970decided

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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By the Court, Crockett, J.:

¶1That East Street was duly dedicated as a public street can admit of no serious doubt, on the facts established at the trial, and it is not denied that at the time of the commencement of the action the defendants were, and for a long time prior thereto had been, using a portion of the street as a lumber yard, obstructing the same with piles of lumber, and preventing the use of it by the public as a highway.

¶2*451Apparently, the only defense seriously relied upon was the Statute of Limitations, the defendants claiming that they had been in the actual adverse occupation of the premises for more than ten years next before the commencement of the action. Assuming that the evidence proved such actual adverse occupation for ten years ór more, it must be considered as the settled doctrine of this Court, since, the decision in Hoadley v. San Francisco, 50 Cal. 265, that no one can acquire by adverse occupation, as against the public, the right to obstruct a street dedicated to public use, and thus prevent the use of it as a public highway.

¶3Judgment and order affirmed, and it is further ordered that the judgment herein be entered as of the day on which the cause was submitted.

¶4Mr. Justice McKinstry did not express any opinion.

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