Kafka

Plaintiffs appeal herein from a judgment in favor -of the defendant in an action to abate a nuisance and for damages. ' Upon this appeal appellants waive all claims for damages and ask that the action be regarded as solely one for the abatement of a nuisance. Plaintiffs and defendant are owners of adjoining lots in the city of San Francisco, the south line of defendant’s lot forming a pox*tion of the north line of plaintiffs’ lot. Prior to the earthquake and fire of 1906 defendant had erected a five-story building upon his lot upon what is known as a scow foundation, consisting of a scow or raft constructed of heavy timbers and concrete, covering the entire lot, around the borders of which was constructed a concrete wall seventeen inches thick, which served as the foundation wall of the building. The building was destroyed by the fire of 1906, leaving the scow and the concrete foundation walls intact. It was then discovered that the entire scow had moved in a southerly direction so that it and defendant’s south wall projected into plaintiffs’ premises a distance varying from ten to fourteen inches. Plaintiffs then demanded that defendant remove the wall from plaintiff’s premises…