Dean

This is an action to abate an- anticipated nuisance. The plaintiffs had judgment in the trial court and the defendant has appealed under section 953a of the Code of Civil Procedure.

Plaintiffs and defendant own lands in the same general neighborhood in the city of Fresno. Plaintiffs and others use their lands for residential purposes, but there are, in the neighborhood, some business establishments. As the trial court found the district to be a residence district or neighborhood, we will consider the case in accordance with the finding1 of the trial court. The plaintiffs’ lands are on Coast Avenue, and 70 feet removed from the property owned by the defendant, which is also on Coast Avenue. In their complaint the plaintiffs alleged “That defendant threatens and intends to and will, unless restrained by an order of this court, erect, and construct on its said property and within 70 feet of the residence of plaintiffs Martha Dean and Nellie Dean, and within 120 feet of the residence of plaintiff Buth E. Gall, an undertaking establishment and funeral parlor at which dead human bodies will be received and kept for burial and will be embalmed and prepared for burial and where autopsies…