Legal Opinion

Green v. Berge

California Supreme Court

Decided December 10, 1894No. 15545PublishedCited by 16 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion.

1Opinion of the Court

Temple C.

This appeal is from a portion of the judgment upon the judgment-roll.

The action was brought to recover damages for excavating upon a lot, adjoining plaintiff’s lot, so negligently that the ground constituting a portion of plaintiff’s lot fell into the excavation of its own weight.

Berge was the owner of the lot upon which the excavating was done, and Buckman performed the work under a contract.

The case was tried without a jury, and, among other facts, the court found that on the 14th of May, 1891, Berge entered into a contract with Buckman in writing, whereby for a stipulated price…

2Cases cited6 opinions

  1. Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
  2. Senter v. De BernalCalifornia Supreme Court · 1869
  3. Richardson v. Vermont Central RailroadSupreme Court of Vermont · 1853
  4. Thompson v. EllsworthNew York Court of Chancery · 1846
  5. Aston v. NolanCalifornia Supreme Court · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
  2. De Baker v. Southern California RailwayCalifornia Supreme Court · 1895
  3. West v. National Mines Corp.West Virginia Supreme Court · 1981
  4. Mannix v. TryonCalifornia Supreme Court · 1907
  5. Gladin v. Von EngelnSupreme Court of Colorado · 1978

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API