Thompson

This is an appeal from a judgment of the Superior Court of Marin County, enjoining defendants from discharging waste liquids into a branch of a creek running through the adjoining properties of plaintiffs and defendant corporation, and from maintaining cesspools in such a manner as to he or become a private nuisance.

Plaintiffs and defendant corporation own adjoining properties. Plaintiffs use their land as a residence and as a hog ranch. Defendant corporation operates a factory for the manufacture of cheese. A branch of Nicasio Creek has its origin in the land of defendant corporation, and runs in a northerly direction through the land of defendant corporation and the immediately adjoining land of plaintiffs. Plaintiffs purchased their property in May, 1926, and in September of the same year went to live there. Their predecessor had raised chickens, hogs and cows for some years, and plaintiffs were attempting to raise a herd of pure-bred hogs for market and breeding purposes. In May, 1927, the herd comprised about 157 hogs.

Defendant corporation purchased its property in May, 1927, from the Western Cheese and Butter Company, which had been engaged in the same business. The…