State of California, County of Los Angeles
In the District Court 17th Judicial District – County aforesaid
A.J. Kraszynski
Plaintiff
Vs.
The Los Angeles Petroleum Refining Company
Defendant
Case 2479 – Filed June 6, 1874. Amended Complaint filed July 28, 1874.
AMENDED COMPLAINT
The plaintiff A.J. Kraszynski complains of the Defendant claiming to be, and acting as, a corporation by the corporate name and style of the “Los Angeles Petroleum Refining Company” and for cause of complaint avers: that heretofore to wit on the 31st day of December 1873 at this County aforesaid that the said plaintiff was the owner and then and there in the possession of the trustor lot of land forming a part of the Rancho de San Francisco described as follows:
Beginning at an oak tree about thirty six inches in diameter on the East side of the road in the San Fernando Pass marked with a cross on its Western side, running thence North 77 degs West 24 chains and 65 links to a certain point; Thence North 22 degs 46’ West 21 chains and 28 links to a certain point; Thence North 10 degs 13’ East 54 chains and 48 links to station No 4 (so called); Thence North 79 degs 48’ West 24 chains 79 links to a sycamore tree standing at the head of a small canyon and marked No 4; Thence North 38 degs 30’ East 40 chains to a certain other station; Thence South 48 degs 02’ East 53 chains and 18 links to a post marked No 6; Thence North 86 degs East 6 chains 4 links to a small sycamore tree marked No 7; Thence North 8 degs East 10 chains 41 links to a post marked No 8; Thence West 7 chains 77 links to a post in a mound of rocks; Thence South 23 degs 41’ West 28 chains 10 links to a station on a bluff; Thence South 6 degs 15’ West 40 chains 91 links to the place of beginning – the said tract containing 381 2/3 acres be the same more or less, and it being the land with the house of plaintiff therein now known and called by the name of “Lyons Station.”
Further complaining plaintiff avers that on the day and year aforesaid the said defendant by and through its duly authorized and empowered agents and with and by the consent, sufferance, and permission of said plaintiff, had and obtained from said plaintiff, at the defendants special instance and request, entered into and upon the premises so above described and then and there took possession of a portion of the same, that is to say about two acres in a square or rectangular form situated about 50 yards from the house of the plaintiff known as “Lyons Station” as aforesaid and also a certain spring situated on the same premises in a southwest direction from the lot of land above described as consisting of about two acres and distant there from about a quarter of a mile, with a route for a line of pipes running from said spring to said two acre lot and that it the said defendant hath from the date of said entry up to the bringing of this suit, and by the sufferance and permission of said plaintiff, held, occupied and used the said two acre lot, spring and line of route, so by these entered upon and still do hold, possess, occupy and use the same.
He further avers, that said defendant hath proceeded to erect on said two acre lot a large quantity of buildings and hath placed therein a quantity of machinery for refining petroleum, and hath also used the water of said spring for the period aforesaid by means of a line of pipes laid by defendant from said spring to the buildings and machinery aforesaid.
He further avers that by reason of the premises the said defendant is indebted to him for the use and occupation of the said lot, spring, and line of pipes, for the period aforesaid in whatever sum the said use and occupation are reasonably worth.
Also plaintiff avers that this said use and occupation are reasonably worth, at the least, on hundred dollars in gold coin per month, and that therefore for the five months from the 31st day of December 1873 to the 31st day of May 1874, said defendant is indebted to him in the sum of five hundred dollars in lawful gold coin of the United States.
He further avers that said defendant, though often requested, hath not hitherto paid the said last mentioned sum of five hundred dollars, or any part thereof, but to pay the same hath hitherto wholly failed and refused and still doth fail and refuse, by reason whereof plaintiff hath been damaged in the sum of one thousand dollars.
Wherefore he brings this action and prays judgment for said damages as well as for his costs of suit in this behalf expended.
McConnel & Judge
& H. M. Mitchell
For Plaintiff