Cleland v. Thornton
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, Siskiyou County. This was an action for damages. The complaint alleges that the defendants, while driving a herd of sheep through the country, encamped near the plaintiff’s premises, and carelessly, negligently, and willfully permitted fires kindled by them to get out and spread over the adjoining country, ’ thereby destroying a hay shed and corral, a blacksmith shop and tools, a dwelling house, household…
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Appeal from the District Court of the Ninth Judicial District, Siskiyou County. This was an action for damages. The complaint alleges that the defendants, while driving a herd of sheep through the country, encamped near the plaintiff’s premises, and carelessly, negligently, and willfully permitted fires kindled by them to get out and spread over the adjoining country, ’ thereby destroying a hay shed and corral, a blacksmith shop and tools, a dwelling house, household furniture, lumber, and other property belonging to the plaintiff; and also destroyed a forest of timber upon plaintiff’s land,…
1Opinion of the Court
By the Court,
Crockett, J.:
There was no error in the ruling of the Court admitting the evidence as to the cost of new buildings to replace those which were burned. The evidence was admissible as furnishing some data by which the Court would be enabled to estimate approximately the valué of the old buildings; and it is evident from the opinion and order of the Court, that it *439was received and considered for this purpose only, and not as affording a criterion of damages. The evidence as to the character of the timber for milling purposes in that immediate neighborhood was also admissible under…
2Cited by9 opinions
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- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- State v. ClarkSupreme Court of Louisiana · 1909
- Central Mutual Insurance v. SchmidtCalifornia Court of Appeal · 1957
- Williams v. FariaCalifornia Court of Appeal · 1931
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