Altpeter

This is an action for damages for the alleged injury of certain walnut trees standing and growing in and on Court Street, in the city of Woodland, in front of the plaintiff's houses, situated on lots 8, 9, and 10, of block 4, of said city, said lots being the property of the plaintiffs.

The complaint alleges a wrongful and unauthorized cutting of the limbs of the trees, the charge so alleged being that the defendant without lawful or any authority knowingly and willfully cut down, chopped, mangled, mutilated, disfigured, and destroyed four of said trees, and prays for a judgment for five hundred dollars and treble any sum at which damages may be assessed. (Code Civ. Proc., sec. 733.)

The answer denies the allegations of the complaint and, as an affirmative defense, describes the character of the defendant’s business, alleges the necessity of clearing its wires from the branches of the said trees, through the branches of which said wires pass, alleges that the lines of the defendant have been maintained on the street in question and through said trees for a long period of time prior to the acquisition by the plaintiffs of the premises in front of which said trees stand.

The…