McIvor v. Mercer-Fraser Co.

Plaintiffs and defendants are adjoining landowners in the city of Eureka. Appellants’ property up to the time of the commencement of the within action was being used for the excavation of dirt and gravel while plaintiffs’ property was and is improved with a small house where said parties reside, and a garage containing a bedroom and bath.

Shortly after defendants began excavating their property plaintiffs protested to them and also to the City Council of Eureka that the manner in which the work was being done endangered their property. Defendants ignored plaintiffs’ protest as well as the…