Melvin

This is an appeal from an order denying defendants’ motion for a new trial.

The first and probably most important point urged for a reversal of the order grows out of the action of the court in allowing plaintiff, over the objection of defendants, to file a supplemental complaint.

The action was brought to obtain an injunction preventing defendants, among other things, from blasting, excavating or removing earth or rock on and from a certain block in the city of Oakland, designated as block 70, in which is situate the lot and dwelling-house of plaintiff, so as to deprive the lot of plaintiff of the lateral and adjacent support of the adjoining land, and from operating engines at or near said block 70, with oil or other fuel, emitting offensive odors and injurious substances, and for damages alleged to have been causea to plaintiff’s dwelling-house and the furnishings thereof by the smoke, soot and dirt emitted from said engines.

The original complaint does not allege that any damage had been caused to plaintiff’s property by the blasting, excavating or removal of earth, but did allege, in substance, that defendants threaten and intend to continue blasting, excavating and…