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Pasadena v. California-Michigan Land & Water Co.

Supreme Court of California
110 P.2d 983 (1941)


Facts

The City of Pasadena (the City) (plaintiff) obtained an easement from the owner of the servient tenement by grant. The grant stated that the purpose of the easement was to install and maintain water mains and specified a five-foot strip of land as the location of the easement. The City did not occupy the entire strip of land. The owners of the servient tenement subsequently granted an easement to the California-Michigan Land & Water Co. (water company) (defendant) in the same five-foot strip of land. Pursuant to the grant, the water company installed water mains and service connections in several five-foot easements. The City filed suit for an injunction and damages, arguing that it had the right to occupy the entire five-foot strip of land if necessary, and that the water company’s easements substantially interfered with its present and future use of the land. The trial court found that there was no unreasonable interference with the City’s easement.

Rule of Law

Issue

Holding and Reasoning (Gibson, C.J.)

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