McIntosh

This is an action to abate a nuisance by enjoining defendants from continuing to conduct their chicken corrals in such a manner that the dust therefrom will injure plaintiff’s trees, vines, and grapes, and to recover damages for past injuries. The judgment, which was in favor of plaintiff, awarded damages in the sum of three hundred dollars and enjoined defendants, from maintaining the nuisance. From this judgment the defendants have appealed.

The case presented by the complaint is substantially this: Plaintiff is the lessee of a thirty-acre parcel of land in Los Angeles County at the northeast corner of Pomona and San Gabriel Boulevards, the southerly half of his land being planted to walnut trees and the northerly half to grapevines. A dwelling-house, occupied by plaintiff, is on the northerly half of the tract. On a five-acre parcel of land, situated on the westerly side of San Gabriel Boulevard, opposite plaintiff’s walnut grove and diagonally from his vineyard, defendants are maintaining a chicken ranch on which they have a large number of chickens, estimated by plaintiff to be between six thousand and seven thousand. The chickens are confined in separate corrals which…