Strecker

This action is brought by plaintiff for the abatement of a nuisance and judgment for damages • caused by the erection of said nuisance. The court found that the obstruction complained ■ of constituted a nuisance and entered judgment for its abatement, but denied other than nominal damages of one dollar. Plaintiff appeals from the order denying Ms motion for a new trial and brings the record here upon bill of exceptions.

It appears that plaintiff was, at the commencement of the action, the owner of certain farming- lands situated on Roberts Island, San Joaquin County, and that Johanna F. Krenz was the owner of adjacent lands which she had leased to defendant Gaul, who was, prior to and at the time of the action in possession and under full control thereof, and defendant admitted at the trial that he was solely and exclusively responsible for all the acts complained of in the complaint.

The course of the proceedings in tMs action was somewhat unusual and should be here stated. The complaint was filed March 21, 1908, and the answer June 3, 1908, and the action came on. for trial October 19, 1909, before the Honorable C. W. Norton, as judge, and the testimony was completed November…