Jones v. Union Pacific Railroad Co

In Jones v. Union Pacific Railroad Co. (2000) 79 Cal.App.4th 1053, railroad employees allegedly were "needlessly blowing train horns and whistles and idling train engines in front of property owners' homes for hours on end, at all hours of the day and night, for no legitimate purpose." (Id. at pp. 1067-1067.) This conduct constituted "allegedly unnecessary activity, serving no legitimate purpose, and/or activity allegedly committed for the sole purpose of harassing plaintiffs." (Id. at p. 1068.) Jones held the trial court erred in granting summary judgment based on Civil Code section 3482 because the activity in question was not expressly authorized by statute. (Id. at p. 1068.)