Legal Opinion

Smith v. Buttner

California Supreme Court

Decided June 30, 1891No. 13241PublishedCited by 56 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 on the judgment roll from a judgment against the plaintiffs on the pleadings.

The plaintiffs are husband and wife, and the action is brought to recover damages for injuries received by the wife. Plaintiffs were occupying a house belonging to defendant as a residence, being his tenants from month to month.

The complaint shows that some time prior to June, 1887, while plaintiffs were in possession as tenants, defendant caused the dwelling-house to be raised some six or seven feet; that plaintiffs continued to reside in the house after it had been raised, and to pay rent…

2Cases cited1 opinion

  1. Sieber v. BlancCalifornia Supreme Court · 1888

3Cited by56 opinions

  1. Stein v. United R.R. of S.F.California Supreme Court · 1911
  2. Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
  3. Crabbe v. Mammoth Channel Gold Mining Co.California Supreme Court · 1914
  4. Goldstein v. HealyCalifornia Supreme Court · 1921
  5. Champagne v. A. HamBurger & Sons, Inc.California Supreme Court · 1915

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