Stevens

Action for damages and injunctive relief against defendant who, on her own land adjoining that of plaintiff, maintains a row of growing eucalyptus trees set-one foot from the common boundary line. Judgment went for defendant, from which plaintiff appeals.

It appears without controversy that plaintiff and defendant' are owners of adjoining tracts of land, that of plaintiff lying immediately west of defendant’s tract. Plaintiff has growing upon his land a walnut orchard set out in 1914, the easterly row of trees being 20 feet distant from the boundary line common to the tracts of land; that, set in place at about the same time and one foot east of said boundary line, defendant maintains a row of eucalyptus trees 300 feet in length, which at the time of the trial had attained a height of upward of 100 feet.

This being the situation, plaintiff, on March 9, 1920, filed his complaint, alleging, among other things, that the roots of the eucalyptus trees had at the time extended into and through the northerly 350 feet of the eastern portion of his land a distance of upward of 50 feet, by reason of which fact the east row of walnut trees were dwarfed and stunted and the soil for a…