COATES v. CHINN

Docket No. Sac. 7002.

51 Cal.2d 304 (1958)

332 P.2d 289

MARJORIE COATES et al., Appellants, v. JESSIE ROBSON CHINN et al., Respondents.

Supreme Court of California. In Bank.

December 12, 1958.


Attorney(s) appearing for the Case

Laura O. Coffield, Charles R. Garry, Francis J. McTernan and Garry, Dreyfus, McTernan & Keller for Appellants.

Taft, Wright & Hopkins and Cranson L. Hopkins for Respondents.


SPENCE, J.

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...

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