Walbridge.

This is an action to have an encroachment upon a certain street in the town of Red Bluff, Tehama county, declared to be a public nuisance and an unlawful obstruction, and to have the same removed. Plaintiff had judgment, from which and from the order denying his motion for a new trial defendant appeals.

It is averred in the complaint that Washington street, running north and south, in said town has a uniform width of eighty feet through its entire length, is now and for many years last past has continuously been one of the regularly and legally established and existing public streets and highways of said town; that defendant is the owner of certain six lots, situated in block 27, as laid down on the official map of said town, on file in the office of the county recorder of said Tehama county, the westerly ends of said lots lying along and being identical with the easterly boundary of said street a distance of one hundred and fifty feet; that defendant has encroached upon said street and the sidewalk thereof, along the westerly ends of said lots, “by a fence and sheds, to the extent of nine feet six and one-half inches, and he has inclosed and does now inclose such and said…