struction of his building if it is on his own land, because some other building adjacent to it is thereby deprived of proper ventilation.
The case then, so far as the plaintiff is concerned, must stand upon the condition of these "buildings themselves, and upon- the fact that they were not capable of bei'ng put in such a condition that they would not be of themselves dangerous to public health. Unless that was made to appear, the right to. destroy them did not exist. In such cases the right to condemn grows out of .the right to destroy the building because it is a public nuisance and. can be abated in no other way ; and unless that is made to appear, there can be no final order for condemnation.
For the reason, therefore, that there was a complete failure of evidence to show that it was not practicable so to repair these buildings as that they might be put in a wholesome condition and not remain a public nuisance, without their destruction, the judgment which is brought up on this appeal was erroneous and must be reversed, and the final order must fall'with the judgment.
Patterson, Williams and O’Brien, JJ., concurred ; Parker, J., not voting.
Final order and judgment reversed and a new trial ordered of the issues framed upon the petition and answer, with costs to appellant to abide event.