This section contains the nature of the case and procedural background.

D constructed a one-story brick and cinder block business building on its property which adjoined P's property. Both P and D used a surveyor before the construction and despite the care allegedly taken, the foundation and footings encroached on P’s property up to 3.5 inches for approximately 160 feet. The footings are up to 9 inches below the surface. Ps also allege that during its construction D trespassed by permitting an I-beam to fall on their garage roof; by destroying a flower bed and line fence; by disturbing a graveled driveway, and by walking upon and digging into Ps' land. P sought an injunction requiring that D remove all footings and foundations upon their property and that defendant, its servants, agents, and customers be enjoined from trespassing upon their property and for damages in the sum of $1750 and exemplary damages. The testimony indicates that the value of Ps' lands is approximately $200 per front foot, so that if D had taken the entire strip of three and a half inches both at and below the surface, its value would have been only about $55, and the value of the portions extending from seven to nine feet below the surface and only along the rear eighty feet of wall would appear to be very small. P refused D permission to enter to remove the encroaching part. D got the verdict for damages to P. The trial court found an encroachment and granted a mandatory injunction. D appealed.

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