215. Nuisances by commission and by omission.

215.     Nuisances by commission and by omission.

The right to abate exists in appropriate cases when the nuisance is caused by an act of commission1. However, where the nuisance arises merely from omission on the part of the offender, it is not clear whether it admits of abatement2 except in the case of the cutting of boughs overhanging private property, when abatement is clearly lawful3. Abatement is hardly the proper description of an act which supplies the omission4.