Skinner

After further study of the record in this case, we are of the opinion that the District Court of Appeal arrived at the correct conclusion in its opinion filed in this action, and written by Judge Charles C. Haines of the Superior Court in and for the County of San Diego while sitting as a member of the District Court of Appeal, Fourth District. We have adopted in part the opinion of the District Court and have followed the same by certain conclusions of our own. That portion of said opinion which we have adopted, reads as follows:

“Evidently the theory of the trial court was that it was entitled, in a proceeding in equity, to investigate and determine the question whether the trees involved were or were not affected with ‘peach mosaic’, or merely with some other virus disease not susceptible of dangerous results. Its conclusion apparently was that this particular orchard was not infected with ‘peach mosaic’ but merely with some other relatively innocuous virus disease and its action was a result of that conclusion. It is conceded by respondents that trees growing upon private property affected with a virus disease may constitute a public nuisance. (Civ. Code, secs. 3479, 3480.)…