gno.law

Hart v. City of Los Angeles

California Supreme Court · L. A. No. 4444. · 1919-08-11 · Published · 183 P. 347 · 181 Cal. 32 · 1919 Cal. LEXIS 314

Henry A. Hart v. City of Los Angeles

Proceeding
appeal from a judgment
Trial court
Superior Court of Los Angeles County
Trial judge
Lewis R. Works
Outcome
affirmed — Affirmed.
Area
civil
Panel
Shaw (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

This is an appeal by the plaintiff from a judgment in favor of the defendants. The facts in the case, with a single exception, are the same as those more fully set forth in the case of Frost v. Los Angeles ante, p. 22, (183 P. 342]. The difference consists only in the fact that the plaintiff in this action is not a user of water which comes from the source which is alleged to be contaminated and unfit for use, and which the court found to be safe and healthful. The plaintiff, therefore, does not come within the provisions of the act of 1913, under which alone, in view of the findings of the court, he could maintain an action to enjoin a public nuisance. Consequently he had no right to maintain the action.

The judgment is affirmed.

Olney, J., Wilbur, J., Lennon, J., Melvin, J., Angellotti, C. J., and Lawlor, J., concurred.

Cites, in this corpus