Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-07-03
SUIT AGAINST THE CITY.

Everett Pierce Wants Damages to the
Extent of $4,000.
On yesterday an action was brought in
the Superior Court by A. ]. and Elwood
Bruner for Everett Pierce against the City
of Sacramento, alleging that he had sus-
tanned damages to the extent of $2,5 by
reason of the unwarranted acts of defend
ant IN raising the levee of Y street opposite
plaintiffs premises five feet above the grade
of 1878.
The plaintiff alleges that he is the owner
of ten acre tract No. 1; that his northern
boundary line fronts on street for 600
feet; that his residence is upon said land,
and that he has at great cost and labor Gull
tivated and raised beautiful flower and
ornamental garden near his said dwelling;
that about nine acres of his said lands are
used by plaintiff as a vegetable garden, the
produce from which is of great value and
is freighted by plaintiff for sale to Sacra-
mento city.
The plaintiff alleges further that in the
months of February and March of this
year the city. through the Trustees caused
TO be erected second levee on Y street,
opposite the lands of the plaintiff, five feet
Aikh udd hNC icCt WlNC az lut tOp.
He goes on to state that the only mode
of ingress and egress he has to and from
his said premises is by means of said Y
street, aud that by reason of the construc-
ton of this second levee it is impossible
for teams to pass each other at any point
on Y street. opposite his premises; that it
is utterly impossible for teams loaded with
household and farming supplies, or loaded
with the products raised upon his land to
enter or leave his premises.
The plaintifffurther states, that by reason
Of the construction of this levee his view
towards Sacramento city is entirely de-
stroyed and DISTRACTED. That the preva-
lent north winds carry the dust and dirt
from the levee over and upon his land and
renders the vegetable crops raised thereon
OF much less value; that the dust and dirt
covers bis flower and ornamental garden,
and fills his house with the same. Plain
tiff also alleges that the defendant has to-
tally DESTROYED the sidewalks in front of
his premises on Y street, and tina, the only
means his family and friends have when
entering his premises on foot is by means
of this levee and road on Y street.
He complains that the only approach to
and from his dwelling house and premises
for teams and vehicles of all descriptions
has by reason of the unwarranted acts of
oCiSbhduk bccu GcStIOYtu. anu
that be has thereby no safe, convenient or
possible mode of ingress or egress to and
from his clearinghouse and premises for
such teams and vehicles.
The complaint continues as follows
THE said plaintiff further alleges and AYERS
that the aforesaid acts of defendant are in
furious TO the health of plaintiff, his family
an servants. oppressive to the senses, de-
structive to the products raised upon his
said lands, an obstruction TO the free use
and enjoyment of the said plaintiffs premi-
ses ana family residence, aud obstruction to
plaintiffs view therefrom, and so interferes
with the comfortable use and enjoyment OF
his said premises as TO create an aggravated,
intolerable and insupportablen nuisance, and
that all of the said acls herein complained
of are specially injurious to himself, family
and his said property. Wherefore, and by
reasons thereof, the said plaintiff AYERS and
alleges that be has sustained damages to
the amount of So. 500, no part of which has
been paid.