Slater

Defendant appeals from a judgment awarding damages to the plaintiff in the sum of $3,200 and enjoining it from thereafter allowing or permitting certain named injurious substances to be carried to or upon plaintiff’s property. The appeal was originally taken to the District Court of Appeal, Fourth Appellate District, wherein a reversal of the judgment was had. In taking over the cause, we were satisfied, for the reasons stated in the opinion of the District Court of Appeal, that a reversal was necessary in so far as the judgment purports to award damages, but we were unable to agree with the conclusion that this necessarily required a reversal of the judgment enjoining defendant from allowing or permitting the continuance of the acts complained of. We therefore adopt as and for the decision of this court the following portion of the opinion prepared by Justice pro tem. Warmer:

“This is an appeal by the defendant Pacific American Oil Company from a judgment entered by the trial, court in an action for damages. Respondent was the owner of 60 acres of valuable farm land near Huntington Beach, California. South of respondent’s land and extending in a general easterly and westerly…