Coates v. Chinn

In Coates v. Chinn (1958) 51 Cal.2d 304, the court found that the eucalyptus trees, planted on defendants' property alongside the highway, were an artificial condition of the land and that defendants had not had any trimming done in five years. "In view of this evidence, plaintiffs properly contend that it was a question of fact whether defendants acted as reasonably prudent persons in permitting the eucalyptus trees to. . . drop their limbs, particularly during the rainy weather of the early fall when the accident happened. Accordingly, plaintiffs were entitled to have their case submitted to the jury on the issue of negligence." ( Id. , at p. 309.)