Adams

Appeal from a judgment in favor of the plaintiff for the abatement of a nuisance and for damages, and from an order denying a new trial. The plaintiffs are owners of a tract of land in the city of Modesto, on which, until a short time before the commencement of the suit, they resided with their family. The nuisance complained of is an open wooden trough, passing about three hundred yards from the plaintiff’s house, and constituting part of the sewerage system of the city, through which, for a distance of about four hundred and fifty yards, the sewerage matter of the city is passed. This the court found was a nuisance, interfering with the comfortable enjoyment and obstructing the free use of the plaintiff’s property, and that the plaintiffs were damaged thereby in the sum of six hundred and fifty dollars.

That the use of the open sewer by the city in the vicinity of the plaintiff’s land constituted a nuisance, and that the plaintiffs were entitled to have it abated, is too clear to require discussion. (Civ. Code, sec. 3479; Peterson v. City of Santa Rosa, 119 Cal. 387, 392 ; Lind v. City of San Luis Obispo, 109 Cal. 340 ; Wood on Nuisances, sec. 781, note 1.)

With regard to…