Dwyer

This appeal is brought by the defendant from a judgment entered upon a verdict for five hundred dollars, rendered against him in an action of trespass prosecuted by plaintiff; also from an order, made therein, denying him a new trial. The plaintiff, in his complaint, alleged that, by virtue of a lease from the defendant, he was the tenant, and, as such, was in the possession of certain premises on Mission Street, in San Francisco, known as the Union Hotel, which he used in carrying on the business of keeping an hotel, from the first day of February, 1886, until the tenth day of November, 1886, when the defendant forcibly and unlawfully invaded the said premises, and ejected the plaintiff therefrom, and tore down and destroyed the building thereon, and removed and destroyed a large portion of the furniture in said building, and withheld the possession of the premises from the plaintiff; that, at the time of such ejection, the plaintiff was earning a net profit of over two hundred dollars per month in his said business of hotel-keeping; *300 and that, by the trespass of the plaintiff, the defendant’s peaceable possession of the premises was destroyed, and his said business ruined,…