Rostel

The action is to abate a nuisance and for damages. The complaint alleges as the first cause of action, in-substance, that plaintiff is the owner of certain lots in blocks-27 and 30, in the town of Sisson, in Siskiyou county, upon which-there are valuable buildings, consisting of dwelling-houses, barns, warehouses and stores, and that defendant Eostel is the-owner of lot 17, in block 26, in said town, which last mentioned property is situated on the northwest corner of Walnut and Castle streets—public highways; that defendants are erecting a large building on said lot 17, which is being so constructed that the second story thereof, at a height of about twelve feet from the ground, is being extended and projected over and into said Castle street, to a width of ten feet and for a length of sixty feet, so that to that extent it overhangs and protrudes into said, public highway; and it is alleged in the sixth paragraph of said, first count that said building “will constitute a nuisance to this plaintiff by greatly endangering his property and buildings hereinbefore described, and making them more liable to be destroyed by fire, and also by materially increasing the rate of insurance…