Case

This is an appeal by plaintiff from a judgment entered in favor of defendant Sisich resulting from an order sustaining a demurrer to plaintiff’s second amended complaint without leave to amend.

The action is to remove a building encroachment upon the property of plaintiff alleged to be a nuisance. According to the complaint plaintiff and defendant are owners of adjoining properties, and defendant’s property is improved with a building, the bay windows, cornices, finish, and extensions of which overhang and thereby encroach upon and overlap into the space above plaintiff’s land. The ownership by plaintiff and defendant of their respective adjoining parcels of land is set forth in paragraphs I and II of the complaint, defendant’s land being a lot thirty feet by ninty-seven feet and six inches facing on Sacramento Street between Jones and Leavenworth Streets in the city of San Francisco, while plaintiff’s land is a lot L-shaped at the rear of and adjoining defendant’s land and being forty feet by fifty-three feet three inches on its northerly line and sixty-seven feet six inches on its southerly line, together with a strip of land ninety-seven feet and six inches long and eight feet…