McCormick v. Appleton

This is an appeal by defendants, Hartley and Esther Appleton, in a dispute between the owners of adjacent lots in the Russelhurst subdivision of Santa Clara County. The plaintiffs, James and Donna McCormick, filed their complaint seeking injunctive relief and damages for trespass to real and personal property, alleging the wilful and wanton destruction of a boundary fence constructed in 1958 by the prior owner, R. Heaviside. The defendants answered, denying the allegations of the complaint and cross-complained for damages for trespass by the McCormicks’ water main and for a determination of…