Humphrey

Plaintiff brought this action to compel defendant to abate an alleged nuisance and for damages. The trial court granted a motion for judgment of nonsuit and plaintiff has appealed.

The facts constituting the cause of action set out in plain- ' tiff’s complaint were fully sustained by the evidence. It appears that plaintiff and defendant are the owners of property abutting upon that portion of Third Street, the same being a public street in the city of San Diego, lying between Redwood and Quince streets. Third Street extends north and south and it is intersected at right angles from the west by Redwood and Quince streets, Redwood Street being at the north. The distance between Redwood and Quince streets is three hundred feet. Defendant’s property is located on the west side of Third Street and extends from the corner of Redwood Street south one hundred and fifty feet. Plaintiff is the owner of the fifty feet immediately adjoining defendant’s property at the south, upon which there is a modem residence building. Plaintiff also is the owner of thp ground immediately opposite that of defendant and extending from the corner of Third and Redwood streets one hundred feet south on Third…