Swall v. Anderson

NOURSE, P, J.

Plaintiff instituted this action to recover actual and treble statutory damages, together with attorney’s fees, for injuries to a portion of the trees of an orchard owned by her, alleged to have been caused by the “deliberate” action of defendants while moving a house along Levin Avenue, a public thoroughfare, which borders plaintiff’s orchard. The trial judge rendered judgment for actual damages only and plaintiff has appealed from “that part of the judgment which disallows treble damages, costs and disbursements.” Levin Avenue is located in Santa Clara County near the town of…