Bigley

— The action is to abate a public nuisance and for the recovery of special damages alleged to have been suffered by the plaintiff. The nuisance complained of is the obstruction of the north half of Olive avenue, which is alleged to be a public street in the city of San Francisco, located in the western addition and within the territory, the title to which *856 was relinquished by the United States to the city by the act of Congress of March 8, 1866 (14 Stats, at Large, 4). The title was conveyed to the city in trust “that all the said land not heretofore granted to said city shall be disposed of and conveyed by said city to parties in the bona fide actual possession thereof, by themselves or tenants, on the passage of this act, in such quantities and upon such terms and conditions as the legislature of the state of California may prescribe, except such portions thereof as may be reserved and set apart by ordinance of said city for public use.” By the act of March 14, 1870 (Stats. 1869-70, p. 353), the legislature prescribed the method and the terms and conditions on which the beneficiaries might avail themselves of the act of Congress and secure the title. The defendants claim…