Hill

This cause is based upon an alleged damage to fruit trees by cattle belonging to, or controlled by, the defendants W. H. and W. W. Glass. The trial court entered an order of nonsuit as to all other defendants and they are not before this court. The trees, about 850 in number, are in a mountainous orchard in San Bernardino County which is entirely surrounded by the area known as Angeles National Forest. The action was tried before the court without a jury and the judgment was awarded against said W. H. and W. W. Glass for the sum of $1,400 with costs, but, after motion for new trial, which was denied, the damage judgment was reduced to the sum of $900. Said last-named defendants, hereinafter referred to as defendants or appellants, appealed, specifying several numbered points upon which they rely for a reversal of the judgment.

Point No. 1: “Judgment should be reversed for failure of plaintiffs to prove that the lands trespassed upon were entirely enclosed by a substantial fence or other enclosure. ’ ’

The finding upon which appellants base the above point is as follows:

Appellants point out that there is a seeming inconsistency in the finding that there is a trail through the…