Bonde v. Bishop

Action for declaratory relief and to declare defendants’ tree which overhangs plaintiffs’ premises a nuisance. Defendants appeal from a judgment ordering defendants to abate the nuisance and awarding $200 damages.

Questions Presented

1. The law concerning encroaching trees.

2. Sufficiency of the evidence to prove (a) a nuisance and (b) damages.

2. Evidence(a) Nuisance

There is substantial evidence to support the court’s finding that the branches of the tree overhanging plaintiffs’ property constitute a nuisance and an ever present danger to plaintiffs’ premises. On defendants’ property,…