Michalson v. Nutting

Michalson (plaintiff) alleged that roots from a tree growing on his neighbor Nutting's (defendant) property had spread onto his land, clogging his pipes and sewers and requiring costly cleaning, and had also grown beneath his cellar floor, cracking the concrete and threatening his home's foundation. Michalson sued for damages and sought injunctions ordering Nutting to remove the roots and prevent further encroachment. The trial court found Nutting not liable and dismissed the suit, and Michalson appealed.