No. 6412.

632 P.2d 1077 (1981)

Philip A. WHITESELL and Elizabeth C. Whitesell, Plaintiffs-Appellees, v. Edward C. HOULTON, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

August 27, 1981.

Attorney(s) appearing for the Case

Howard J. Gravelle on the briefs for defendant-appellant.

Philip A. Whitesell and Elizabeth C. Whitesell, pro se plaintiffs-appellees, on the brief.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

BURNS, Judge.

In this case, the district court held an owner of a banyan1 tree liable for damages it caused to a neighbor's property and for the cost incurred by the neighbor in cutting it back. The primary issues are whether a tree owner has a duty to prevent his tree from damaging his neighbor's property and whether he is liable for the damage caused. We answer yes to both questions and we affirm.

Plaintiffs-Appellees Whitesells...

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