Cook

The plaintiffhad judgment in an action to abate a nuisance, from which judgment the defendant appeals.

The nuisance complained of consisted in the operation of a dairy, breeding and propagating dairy cattle and maintaining hogs in a pen on appellant’s property in front of and just across the public highway from the respondent’s dwelling-house.

The record shows that the appellant and respondent each owned 80 acres of land situate in the county of Yolo about two miles north of the village of Yolo, which lands are separated by a county highway 60 feet in width. The highway runs in an easterly and westerly direction. The respondent’s property lies north of the highway and the appellant’s property lies immediately to the south thereof. The respondent’s dwelling-house is situate on his premises 35 feet north of the north boundary of the highway, and faces in a southerly direction. This dwelling-house has been occupied by the respondent for over twenty-nine years. The wife and stepdaughter of respondent have lived with respondent on said premises for about three years prior to the beginning of this action. The prevailing winds in the section of the country where the premises owned by…