McDowell

This is an action to recover damages sustained by the plaintiff as a tenant of the defendants of the third and fourth floors of the building 105 Stockton street, San Francisco, by reason of repairs and alterations made by defendants upon the second floor of said building, whereby the business of the plaintiff as the keeper of a lodging-house was injured; her water supply cut off, her furniture damaged by dust and lime; her ingress and egress interfered with by debris in the halls and on the stairs, in consequense of which her lodgers forsook their rooms, etc.

The answer denies that plaintiff was at any time an occupant of the third floor of said building as a tenant of the defendants, or otherwise; admits that they made repairs on the second floor, and that plaintiff was their tenant of the fourth floor of the house up to April 1, 1889, and deny most of the other allegations of the amended complaint.

Plaintiff had a verdict for nine hundred dollars, upon which judgment was entered.

Defendants appeal from the judgment and from an order denying their motion for a new trial.

The first point made by appellants for reversal, is that the evidence was not sufficient to warrant the…