Rhoda v. Alameda County
California Supreme Court
Appeal from a judgment for the plaintiffs, and from an order denying a motion for a new trial, in the Superior Court of Alameda County. Cbane, J.
1Opinion of the Court
The Court:
The Court found that the vault, at the time of its removal, was a fixture, and part of the realty, and was the property of plaintiffs; that defendants had no legal right to remove it; and that its value, to be sold in open market, was, at the time of its removal, not over five hundred dollars; and thereupon the Court rendered judgment for that amount. In such case the measure of damages is the value of the article as it was in place as a part of the realty, immediately preceding its removal; not what it would sell for in open market removed from the building. (Civ. Code, § 3333;…
2Cases cited1 opinion
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
3Cited by5 opinions
- Los Angeles Trust & Savings Bank v. BortensteinCalifornia Court of Appeal · 1920
- Givens v. MarkallCalifornia Court of Appeal · 1942
- Cornell v. SennesCalifornia Court of Appeal · 1971
- Dutro v. KennedyMontana Supreme Court · 1889
- Wilmerton v. MortonCalifornia Court of Appeal · 1946