Shevlin

The defendant appeals on the judgment-roll from a judgment in favor of the plaintiff.

The complaint alleges and the court finds that the parties are adjoining land owners, their common boundary being 1,300 feet in length; that along said boundary line, from one to ten feet therefrom, there is growing a row of eucalyptus and cottonwood trees on defendant’s land, spaced from six to eight feet apart; that the roots of the eucalyptus trees extend laterally a distance of 62 feet and upward and those of the cottonwood trees 30 feet and upward into plaintiff’s land; that on plaintiff’s land, adjacent to the division line, are growing grape-vines for a distance of 450 feet, peach trees for a distance of 485 feet, and that plaintiff grows com, beans, and other crops along 355 feet of said line; that the roots of defendant’s trees greatly injure plaintiff’s vines, trees, and crqps and cause cottonwood sprouts and shoots to spring up; that the plaintiff’s land is rich and valuable for agricultural and fruit-raising purposes. The court found that plaintiff has suffered damage in the sum of $25 and that the damage from the growth of the roots of defendant’s trees into plaintiff’s land is of a…