Treating the evidence which was offered as received, it appears that the plaintiff owned and was in possession and control of that part of the building immediately over the room let by him to the defendants; that the plumbing and fittings in such part of the house were defectively constructed; and that, by reason of the refusal of the plaintiff to remedy the defect, water overflowed the sinks and closets of the plaintiff, and ran down into the, storeroom of the defendants to such an extent as to deprive them of the beneficial use of their tenement. We are satisfied that such evidence would, at least, tend to estab-' lish a constructive eviction, occasioned by the omission of the lessor .to abate a nuisance, originating in, and continuing to exist upon, the property owned and controlled by him. Anything which is an obstruction to the free use of property so as' to interfere with its comfortable enjoyment is a nuisance. (Compiled Statutes 1887, First Div. Sec. 361.) It is-well settled that defective water pipes become a nuisance when carelessly maintained. (Wood on Nuisances, Sec. 124.) The landlord’s acts or defaults may not amount to a physical eviction; nevertheless they may be of such character as to create or permit the continuance of a nuisance, “which, by preventing the reasonable use by the tenant of the premises, would affect directly the consideration of the contract between them. ’ ’ (Sully v. Schmitt, 147 N. Y. 248, 41 N. E. 514; McDowell v. Hyman, supra) Kline v. Hanke, 14 Mont. 361, 36 Pac. 454; Marshall v. Cohen, 44 Ga. 489.) If defendants, as tenants of the lower floor, were disturbed in their occupancy, or constructively evicted by the flowing of water from improperly constructed fixtures in a part of the building not let to them, but in the possession and under the control of plaintiff, the lessor, and the disturbance or eviction wpuld not have resulted but for the omission of the lessor to remedy the defective con*521struction within a reasonable time after notice thereof, then the lessor, at least in the absence of excusing facts, has violated the implied covenant for quiet enjoyment. This is clearly common sense as well as the law; indeed, the supreme court of Georgia, in Freidenburg v. Jones, 63 Ga. 612, which case is approved in Jones v. Freidenburg, 66 Ga. 505, S. C. 42 Amer. Rep. 86, held that, “Where a tenant on a lower floor is injured by the flowing of water from the bathtubs and water fixtures situated above, he has a right of action against the landlord, if the overflow results from their improper construction; and this liability exists without reference to the occupation of the upper apartment by another tenant. ’ ’ But it is not necessary in the case at bar to approve or disapprove the doctrine there declared. Blake v. Dick, 15 Mont. 236, 38 Pac. 1070, is cited by plaintiff as controlling, but nothing decided in that case is inconsistent with the principles applicable to the question raised in the case before us.