Van Zyl v. Spiegelberg

Opinion

MOLINARI, P. J.

This is an appeal by plaintiff from a judgment of nonsuit entered in favor of defendants.

Plaintiff and defendants own adjoining property in a mountainous and forested area near Boulder Creek. Defendants’ lot is about one acre in size with its east boundary parallel to a road called West Road and its west boundary adjoining plaintiff’s lot. Defendants’ residence, garage and swimming pool are located on a level part of the property with the western portion of the lot sloping down toward plaintiff’s property.

A stream or creek channel passes through defendants’ lot in a…