Tuebner v. Cal. St. R.R.

Thornton, J., concurring

-I concur in the judgment. The evidence as to the amount in money of the damages accrued *176was very slight, yet, as the damages found for the injury suffered are not excessive, I do not think the judgment should be disturbed for that reason. That the acts committed by the defendant constituted a nuisance is clear; nor were such acts either directly or indirectly permitted to be done by the express authority of a statute.