Jenkins

Plaintiffs sued the defendants as members of the Board of Public Works of the City and County of San Francisco for a writ of mandate to compel them to take some action to prevent the completion of a building in process of construction by one Zimmerman. The basis of the action is that the building was being erected on a lot adjoining one owned by the ward of the plaintiffs in accordance with plans and specifications approved by the-defendants which called for less air space than that required by the State Housing Act. [Stats. 1923, p. 781.] The position of the defendants is that inasmuch as the lot upon which the apartment house was being erected ran from a main street to a public alley one-half of the width of the alley should be taken in the estimate of air space for the building and that the plans accordingly met all the requirements of the statute.

On the hearing in the court below the plaintiffs offered evidence showing that the plans had been approved by the defendants and that the amount of air space provided (not .including the public alley) was 366 square feet. Evidence was also offered by the plaintiffs to show that the members of the Board of Public Works believed that…