Barnes v. Berendes
California Supreme Court
The facts are' stated in the opinion of the court rendered in Department and in Bank.
1Opinion of the Court
Upon a rehearing of this cause we adhere to the views expressed in the opinion rendered by the Department, on the subject of damages for loss of profits.
It is contended upon the present hearing that, even if it be conceded that the loss of profits between August 29th and September 27, 1898, would have occurred regardless of the obstruction caused by defendant's buildings, still it must be admitted that, when the obstruction is removed, the same cessation of plaintiff's business, and consequent loss of profits, must take place; and so, as the loss must inevitably occur at some time, the…
2Cases cited3 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Hawthorne v. SiegelCalifornia Supreme Court · 1891
- Dwyer v. CarrollCalifornia Supreme Court · 1890
3Cited by24 opinions
- City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
- Grupe v. GlickCalifornia Supreme Court · 1945
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Mozzetti v. City of BrisbaneCalifornia Court of Appeal · 1977
- Brandon & Tibbs v. George Kevorkian Accountancy Corp.California Court of Appeal · 1990
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