WEYGANDT, C. J.
The defendant contends that this action is based on the theory of nuisance under favor of Section 3714, General Code, and that the action is abated under the provisions of amended Section 11397, General Code, inasmuch as the original plaintiff is deceased.
The language of the latter section is as follows:
"Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both parties thereto...
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