Butler v. Zeiss

STURTEVANT, J.

The plaintiff commenced an action to recover damages; she was awarded a judgment in the trial court, and the defendants have appealed. The facts are briefly stated in the findings as follows:

“1. That on the 23d day of April, 1913, plaintiff became, and ever since has been, and now is, the owner in fee of, and as such owner was during all of said time, and now is, in possession of, that certain real property, together with the appurtenances thereunto belonging, located in the town of Inverness, county of Marin, State of California, described as follows:

“Lot number fifteen (15) in block sixteen (16) according to the plat of the survey of the same now on file in the office of the county recorder of said Marin County and duly recorded in Liber 1 of Maps at page 80 thereof.

“2. That at all the times mentioned in the complaint herein and until on or about the 1st day of November, 1919, there were growing and standing in place on Aberdeen Way, the street or highway in front of plaintiff’s real property hereinabove described, seven trees; and that at all said times there was and now is standing upon plaintiff’s said real property a house which said house fronts upon said Aberdeen

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Way, and in which said house plaintiff resided and now resides.

“3. That on the 1st day of November, 1919, and at the time of the felling and destruction of said trees as hereinafter stated said Aberdeen Way was, ever since has been, and now is, a public street or highway; and that on the 1st day of November, 1919, and at the time of the felling and destruction of said trees as hereinafter stated, said Aberdeen Way in front of plaintiff’s said real property and house and that part of said Aberdeen Way in front of plaintiff’s said real property and house was, ever since has been, and now is, a public street or highway.

“4. That said trees aforesaid stood and were growing until destroyed in front of plaintiff’s said real property and house and on Aberdeen Way as aforesaid.

“5.

That on or about the 1st day of November, 1919, and within two years preceding the commencement of this action, defendants maliciously, willfully, wrongfully, and without any lawful authority, or any authority, cut down, felled, and destroyed said seven trees aforesaid, and all of them.