Vanderhurst

This action was brought to enjoin the authorities of Salinas city from cutting down or removing as an obstruction and nuisance certain shade trees standing and growing on the sidewalk in front of plaintiff’s premises, within the corporate limits of said municipality.

The material facts found by the court are that plaintiff’s premises (which are on a corner) front on Pajaro and Alisal streets, two regularly established public streets of said city, under the control and management of the authorities thereof, having curbed and graveled sidewalks some twelve feet wide. The trees in question were set out by plaintiff many years since, and have now grown so that their trunks are from two to five feet in diameter, and with a height of about fifty feet, and they stand in a row almost in the center of the sidewalk —fifteen of them on Alisal and ten on Pajaro street. That the city council has ordered the removal of the trees, as presenting an obstruction to public travel and a nuisance, and that defendants and appellants, one of whom is the superintendent of streets of said city, and the other chairman of the street committee of the common council thereof, are threatening to carry said…