Rhodes v. San Mateo Investment Co.

Plaintiffs and appellants are the owners of a lot of land improved with the home in which they live. This lot adjoins property belonging to defendant and respondent. The land is on a hillside and the property of appellants lies at a higher elevation than that of respondent. Respondent made excavations on its property which have resulted in slides creeping up the slope towards appellants’ land. At the time of the trial this slide area was moving closer to appellants’ property but had not actually encroached upon it and no physical damage had occurred to appellants’ land.

Appellants sued for an…