Corcoran v. City of Benicia

Foote, C.

— This an action to abate a nuisance, and for damages. A demurrer was filed to the complaint, one of the grounds of which is, that it did not contain facts sufficient to show a cause of action. The demurrer was sustained, and the plaintiff declining to amend the complaint, judgment was given and made for the defendant, from which this appeal is taken.

It is plain that the alleged nuisance in this case arose from the prevention of the flow of surface water from, the defendant’s lot down to a swamp adjacent to the straits of Carquinez, by the raising of the grade of a street' of…