Woods

Appellants appeal from a judgment denying them an injunction and awarding respondents, as cross-complainants, damages both compensatory and exemplary for the commission of a nuisance. The nuisance charged in the cross-complaint is that of directing offensively loud noise, by means of loud-speakers, towards respondents’ home and property. The evidence clearly sustains judgment on the cross-complaint. According to the evidence, appellant husband had announced his intention to blast respondents off their property by the noise. His statement that what he had said was but jest was rejected by the trial judge, as appears from the award.

The appeal from the judgment denying injunction is based on these propositions: (1) the boundary between a private owner’s property and the state’s at the shore of a navigable lake (Clear Lake) is at low water mark; (2) respondents have built a fill which extends beyond the low water mark; (3) appellants are specially injured; they are the owners of parcels at each side of respondents’ land.

We affirm the judgment on our conclusion upon the third of these propositions.

Appellants’Property

A description of appellants’ property and its uses is first in…