Brown v. McAllister

The plaintiff owns a- house and lot situate on Clay street, in the City of San Francisco, upon a declivity, and the defendant is the owner of the next adjoining lot above that of the plaintiff; whilst still higher up the hill, and adjoining the defendant’s premises, is a lot occupied by Chinamen and others. The action is to recover damages for an alleged nuisance, resulting, as averred in the complaint, from' the defective drainage of the defendant’s lot, and from the leak-, age and overflowing of his privy vault and cesspool, whereby foul and offensive water flows upon the premises of the…