Villegra

This is an appeal from a judgment sustaining a demurrer to the amended complaint. The parties own adjoining lots of land in the city of San Francisco. The plaintiff was about to excavate for the purpose of building. Upon defendant’s lot is a brick building. Plaintiff, in accordance with the requirements of section 832 of the Civil Code, notified defendant of his intention to excavate for the purpose of laying the foundation of his building. Defendant neglected to take any action toward the protection of his property from the danger arising from such excavation, and plaintiff, in order to prevent said building from falling in and upon his lot, was compelled to expend fourteen hundred dollars in the support of' the adjacent walls of defendant’s lot, which would not have been necessary had it not been for defendant’s building. The action is brought to recover the amount of money thus expended. Section 832 of the Civil Code is as follows: —

If plaintiff’s acts have created a liability against defendant to the extent of fourteen hundred dollars, it must be upon an obligation arising upon contract or from some character of tort. There is nothing in the com *99 plaint indicating…