Dennis

This- is a bill to restrain the defendants from erecting a wbarf from the north line of Chestnut street in. the city of San Francisco toward and into tbe deep waters of tbe bay. It is alleged that the wharf, should it be erected, *263 will greatly interfere with and hinder the trade and commerce of the state at the harbor of said city, and greatly diminish its value, wherefore the plaintiffs pray that the erection of the wharf may be enjoined.

The court has found among other things that the defendants were engaged at the commencement of the action in constructing a wharf at the point mentioned, but has also found "that said wharf, so being built and proposed to be built by defendants, was not and would not be a nuisance, and was not injuring and would not injure the harbor of San Francisco, or the shipping or commercial interests thereof, or the people of the state of California.” On the findings the court below dismissed the action.

First. We cannot go behind the findings, for the testimony is not before us; and the only question for us to consider is, whether, assuming the findings, the judgment is to be regarded as erroneous.

The gist of the action in one aspect of the case…