Willson

— Action by plaintiff to abate a nuisance. Plaintiff had judgment, from which the defendants appeal.

The record shows that some time during the year 1925 the defendants opened a refreshment stand at the corner of Pacific Avenue and Elm Street, in the city of Stockton. At this stand the defendants served to the public sandwiches, made of barbecued ham and beef, coffee, soft drinks, and candy. The complaint sets forth that in the operation of the business referred to the defendants caused odors, smells, and stenches offensive to the plaintiff to pollute the air in and about the dwelling-house of plaintiff, so as to deprive the plaintiff of the comfortable use and enjoyment of his premises. The complaint also charges that the defendants’ place of business is patronized by a large number of people, who, in sounding the horns on their automobiles, starting their automobiles and talking, shouting, and singing, so disturbed the plaintiff that he was unable to enjoy the comfort, use, and occupation of the premises belonging to him.

The record shows that the plaintiff’s premises are located in close proximity to the premises occupied by the defendants.

The appeal is taken upon the…