Sterling v. Weinstein

HOOD, Associate Judge.

Plaintiff — appellee—is the owner of a piece of land bordering on an unimproved public alley about ten feet wide. The building on his property extends to, -or very close to, the alley line. Defendant — appellant — owns land across the alley. On defendant’s land, very close to the alley line, are two rather large trees, the branches of which extend across the alley and overhang plaintiff’s property. Leaves and buds from these branches fall onto plaintiff’s building and on a number of occasions have stopped up the gutters and water from the gutters has overflowed the wall.…