Mattos v. Mattos

DRAPER, J.

Defendant appeals from judgment directing abatement of a nuisance. A large number of eucalyptus trees stood on defendant’s land along its boundary with the lands of plaintiff. In 1951 some of these trees were blown down, so that they lay across the boundary line. While the testimony is not detailed, photographs in evidence show that the roots of these trees remain upon the lands of defendant, with portions of them still embedded in the soil. After trial without jury, the court ordered defendant to remove the trees from plaintiff’s land. Defendant appeals.

Appellant first argues that the judgment is erroneous because there is no showing that any act or conduct of his caused the damage. It is true that there is neither showing nor finding of any negligent or wrongful act or omission of defendant proximately causing the falling of the trees. But no such showing is required. If the trees remained upright, with some of their branches extending over or upon plaintiff’s land, they clearly would constitute a nuisance, which defendant could be required to abate.

(Bonde

v.

Bishop,

112 Cal.App.2d 1 [245 P.2d 617]; see also

Grandona

v.

Lovdal,

70 Cal. 161 [11 P. 623];

Parsons

v.

Luhr,

205 Cal. 193 [270 P. 443].) We are unable to distinguish the situation before

[43]

us, where portions of the trunks as well as branches lie upon and over plaintiff’s land. The evidence is clear that these portions of defendant’s trees cover a substantial area of plaintiff’s land, and appreciably restrict its use for the grazing purposes to which it is normally devoted. Thus they constitute a nuisance (Civ. Code, § 3479) and justify plaintiff’s action for abatement thereof (Code Civ. Proc., § 731).