Mattos v. Mattos

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…