Corcoran

— This an action to abate a nuisance, and for damages. A demurrer was filed to the complaint, one of the grounds of which is, that it did not contain facts sufficient to show a cause of action. The demurrer was sustained, and the plaintiff declining to amend the complaint, judgment was given and made for the defendant, from which this appeal is taken.

It is plain that the alleged nuisance in this case arose from the prevention of the flow of surface water from, the defendant’s lot down to a swamp adjacent to the straits of Carquinez, by the raising of the grade of a street' of defendant, a municipal corporation. This improvement of the street was made in accordance with lawful authority, unless it be held that the backing up on plaintiff’s lot of this surface water, by raising of the grade of the street, made the city liable in damages for the-creation of a nuisance in the shape of pools of water, which, it is alleged, were thus created on plaintiff’s land. It has been held in this state, in Conniff v. San Fran cisco, 67 Cal. 25 , that embanking and damming the natural channel for the escape of water so as to force it back upon a private owner’s lot would render the city liable,…