Boarts v. Imperial Irrigation District

Plaintiffs brought this action to abate an alleged nuisance consisting of weeds growing on the banks of a drainage ditch owned by defendant, the seeds of which were blown by the prevailing winds onto plaintiffs’ property causing damage to crops. They also sought recovery of damages alleged to have been suffered by them. Judgment was rendered for defendant and this appeal followed.

Plaintiffs were the owners of 80 acres of land near Westmoreland in Imperial County. A public road 50 feet wide ran north and south adjoining and east of the west line of their property. In July of 1926, they…