Meyer

The entire west wall of the defendant’s two-story brick building, both that portion of it erected in 1856 and the northerly portion of it erected'some five years later, leans to the west of a perpendicular line, and projects over the one-story wooden building of the plaintiff, which adjoins it on the west. The greatest projection—upwards of eight inches—is at the southeast corner of plaintiff’s building.

At the northern termination of the west wall of the old building the projection is some five and one-half inches. It appears that the new portion of defendant’s building—that commencing to' the northward and rear of the old building—was purposely built to lean over the building of the plaintiff, so as to make its line conform to the west wall of the old building, which had toppled to the west, in consequence of the fire of 1856, or some other cause.

The court below, notwithstanding this condition of the west wall of the defendant’s building, was of opinion, and accordingly found the fact to be, that the west wall and the entire building of the defendant are safe and secure, and not liable to fall or endanger the plaintiff’s building. But even if this conclusion be accepted, we…