Hahn v. Garratt
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Belcher, C. C.
This was an action to recover damages for trespasses committed by the defendant’s cattle upon the plaintiffs’ crops. The plaintiffs’ land was situate in Santa Clara County, and was not inclosed.
At the trial the defendant asked the court to instruct the jury that the plaintiffs could not recover without first showing that the premises on which they claimed the trespasses were committed were inclosed by a substantial fence, sufficient to prevent the ingress of stock, or that the defendant had voluntarily and intentionally herded his stock upon the plaintiffs’ land.
The court…
2Cases cited3 opinions
- Waters v. MossCalifornia Supreme Court · 1859
- Logan v. GedneyCalifornia Supreme Court · 1869
- Comerford v. DupuyCalifornia Supreme Court · 1861
3Cited by6 opinions
- Herzberg v. County of PlumasCalifornia Court of Appeal · 2005
- Blevins v. MullallyCalifornia Court of Appeal · 1913
- Williams v. GoodwinCalifornia Court of Appeal · 1974
- Montezuma Improvement Co. v. SimmerlyCalifornia Supreme Court · 1919
- Merritt v. HillCalifornia Supreme Court · 1894
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