Pinelli

In this suit for injunction plaintiff recovered a judgment restraining defendants from permitting their stock to trespass upon his land, and awarding him damages in the sum of $1,000. From this award of damages alone the defendants have appealed, claiming that the findings, in this respect, are not supported by the evidence.

During the years of 1922 and 1923 defendants owned a stock ranch in Merced County, consisting of 640 acres of land, which was entirely surrounded by grazing land belonging to plaintiff, known as the Los Banos farm. The ranches of the respective parties hereto were separated by wire fences. During the years mentioned the feed for stock was scarce, Defendants owned some 110 head of cattle and horses. In spite of the fence-riders who patrolled the lines of plaintiff’s land, the fence wires were frequently-found cut, and the stock of defendants were found straying upon the land of plaintiffs, where the hay and grass was trampled down, eaten, and destroyed to a considerable extent. Upon the trial plaintiff was granted an injunction restraining defendants from permitting their stock to trespass upon his land, and $1,000 damages for loss of hay and feed was also…