Armstrong

Armstrong and Luco own adjoining lots and houses on Washington street, San Francisco. The street has a steep grade, and plaintiff Armstrong’s lot is the lower lot. Defendant Lueo’s lot adjacent to his house is covered with planking. It is claimed by plaintiff that, owing to the defective manner in which this planking was laid, and the defective drainage pipes used in carrying away the water from the roof of the building, and also used in carrying away the waste *274 water coming from the building, that the foundation of her building has been weakened and destroyed, and thereby she has been damaged in the sura of three thousand dollars. Upon issue joined trial was had, and by the verdict of a jury plaintiff was awarded eight hundred dollars damages. This appeal is from the judgment and order denying a motion for a new trial.

The following instructions of the court seem to fairly cover the law applicable to the facts of the case. The appellant makes no serious complaint as to the soundness of the legal principles stated; neither do we see valid objection to be urged against them.

1. “If you should find that the damage was done, and that it was occasioned by the instrumentality of…