Stewart

A demurrer to plaintiff’s complaint was sustained by the superior court, and plaintiff declining to amend, a judgment dismissing the action was thereafter entered, from which plaintiff appeals.

The action was brought to recover the sum of $250 as damages, alleged to have been suffered by plaintiff through the negligent act of defendant. In the complaint it was set out that plaintiff was the owner of certain real property in the county of Imperial, and that defendant was the owner of land contiguous thereto. The plaintiff then proceeded to allege as follows: “That it is a well-known fact that in Imperial county strong winds prevail from a westerly to an easterly direction; that it is a well-known fact that in said Imperial county, and more particularly in the vicinity where said lands of plaintiff and defendant are situated, when land is cleared of brush and leveled and left in that condition without irrigation, sand and soil, because of the action of the winds aforesaid upon the land so cleared, leveled and exposed and loosened, are blown from land so cleared, leveled and left unirrigated, to and upon adjacent lands; that the sand and soil so blown is apt to cause, and often does…