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TINT v. SANBORN

Docket No. A038582.

211 Cal.App.3d 1225 (1989)

259 Cal. Rptr. 902

LARRY TINT, Plaintiff and Appellant, v. BRUCE W. SANBORN, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

June 28, 1989.

Attorney(s) appearing for the Case

COUNSEL

Herbert G. Hawkins for Plaintiff and Appellant.

David R. Vogl, Geneva Wong Ebisu and Low, Ball & Lynch for Defendant and Respondent.

OPINION

PETERSON, J.

Appellant contends that the jury was improperly instructed, and as a result awarded him inadequate damages in his nuisance action concerning the growth of his neighbor's trees. (1a) This case raises the question of whether comparative negligence may be asserted as a defense in any action for damages to real property resulting from the alleged negligent maintenance of a nuisance. In affirming the lower...

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