California Court of Appeal September 25, 1946, Civ. 7204 (McIvor v. Mercer-Fraser Co.)

PEEK, J.

Plaintiffs and defendants are adjoining landowners in the city of Eureka. Appellants’ property up to the time of the commencement of the within action was being used for the excavation of dirt and gravel while plaintiffs’ property was and is improved with a small house where said parties reside, and a garage containing a bedroom and bath.