Razzo v. Varni
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The complaint set forth a forcible trespass of the defendants upon the close of the plaintiff, bounded by West Lake, East Eake, and Mount Vernon avenues, and Lake Geneva, in the west end of San Francisco, alleged to have been committed on December 20, 1883. The complaint avers that the “close was then the property of, and in the quiet and peaceable possession of, said plaintiff,” and that defendants “ then and there willfully, unlawfully, and maliciously, and with…
1Opinion of the CourtThornton, J.
I have examined the record in this case carefully, and find no error in it.
There is no ambiguity in the complaint. It merely sets forth in detail the circumstances attending an unauthorized and aggravated trespass on the close of *292plaintiff which have a material bearing on the issue of damages.
The court ruled correctly on the questions put to plaintiff as to his estimate of the amount of damage. It is to me a novel and unprecedented rule that a witness, before he can testify as to the amount of damage, must state the reasons, or grounds, or basis on which he estimates that amount. The lack of…
2Cases cited4 opinions
- Miller v. SmithMassachusetts Supreme Judicial Court · 1873
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1883
- Atchison, Topeka & Santa Fe Railroad v. BlackshireSupreme Court of Kansas · 1872
- Missouri, Kansas & Texas Railway Co. v. HainesSupreme Court of Kansas · 1872
3Cited by21 opinions
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- Engle v. SimmonsSupreme Court of Alabama · 1906
- Lamb v. HarbaughCalifornia Supreme Court · 1895
- Golden v. DunganCalifornia Court of Appeal · 1971
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