Blackfield

The action is one for injunction to compel removal of an overhanging wall. The trial court denied the injunctive relief sought, but awarded plaintiff damages in the sum of $200; and plaintiff has taken an appeal which is presented on the judgment-roll alone. The sole question to be determined is whether the trial court abused its discretion in awarding damages instead of granting the injunctive relief.

The facts as found by the court are as follows: Appellant and respondent own adjoining lots in San Francisco. Upon the lot of appellant is a two-story dwelling, completed in 1917. Upon the lot of respondent is a two-story reinforced concrete building, the north wall of which is 122 feet 6 inches long, 8 inches thick and 40 feet high, exclusive of footings. This building was erected in 1912, and rises about 8 feet higher than appellants’ dwelling, which extends to within about an inch or two of said overhanging wall. Thus the two do not touch, and the overhanging wall does not in fact interfere with the residence.

This north wall of the concrete building, so the court found, “encroached and does now encroach upon the property of plaintiffs to the extent of % of an inch at the…