McMenomy

The plaintiff and defendant are coterminous owners of lots of 27-¡- feet front on Fulton Street, in San Francisco, and running back 120 feet, to Ash *135 Avenue. Each, with his family, resided on his lot, there being an open space of only five to six inches between their houses. The defendant operated a small brass-foundry on the first or ground floor of his house, with machinery incidental thereto, propelled by a small steam-engine having a cylinder of six inches diameter and seven inches stroke. The principal machinery consisted of turning-lathes for turning and polishing brass. The objects of this suit are to enjoin the operating and use of the foundry and machinery, on the ground that they are a nuisance to plaintiff, and to recover two thousand dollars damages. The allegations of the complaint in regard to the nuisance are as follows: —

The answer denies that the operating of the foundry and machinery is or ever was a nuisance; and denies all averments tending to prove the nuisance.

As to the alleged nuisance and damage, the court found the following facts: —

As a condition of denying defendant’s motion for new trial, the damages were reduced to twelve hundred…