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City of Pasadena v. Califoria-Michigan Land & Water Co.
Supreme Court of California
110 P.2d 983 (Cal. 1941)
The City of Pasadena (City) (plaintiff) had easements across various parcels of land. Each easement was granted “for the purpose of installing and maintaining water mains” and was “five feet in width.” There was no language in any deed to suggest that any easement was exclusive. California-Michigan Land & Water Co. (California-Michigan) (defendant) received easements from the servient landowners to place its own water mains within the City’s easements, and did so. The City then filed suit for an injunction requiring California-Michigan to remove its water mains. The City claimed that the presence of the additional water mains substantially interfered with its existing water mains, and would prevent from using the full five feet if it should decide to install more water mains in the future. The trial court found that California-Michigan’s water mains did not unreasonably interfere with the City’s use of the easements, and denied the request for an injunction. The City appealed.
Rule of Law
Holding and Reasoning (Gibson, C.J.)
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