Coates v. Chinn

Plaintiffs are the widow and minor child of Kenneth Coates, who was killed when his automobile struck a large limb which had fallen from a eucalyptus tree onto the highway. The tree was part of a row of eucalyptus trees growing on the property of defendants. At the conclusion of plaintiffs’ evidence, a motion for nonsuit was granted. Plaintiffs appeal from the judgment accordingly entered.

Plaintiffs based their complaint on two theories: (1) nuisance, because the limb from defendants’ eucalyptus tree unlawfully obstructed the highway (Civ. Code, §3479; Pen. Code, § 370); and (2) negligence,…