Yik Hon v. Spring Valley Water Works
California Supreme Court
Appeal from, a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.
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Appeal from, a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action for damages caused by negligence of the employees of the defendant, a corporation supplying water to the city of San Francisco, in so repairing its water pipes that a stream of water escaped from defendant’s mains and was thrown upon the roof of plaintiff’s building, and ran down to the rooms below and caused damage to the goods of the plaintiff which were stored therein. It appeared in evidence, and was found by the court, that there was a hatchway or skylight…
1Opinion of the CourtMcKinstry, J.
1. Plaintiffs allege in their complaint that the water which escaped from defendant’s main, by reason of the negligence of its servants, was cast and fell in great quantities on the roof of, their house, and thence descending to the floors below, destroyed their drugs, etc. Appellant demurring to the complaint, contends that, as appears therein, the injury *620would not have occurred if the roof of plaintiffs’ house had been water tight and the scuttles therein closed; that plaintiffs, therefore, were guilty of contributory negligence. Plaintiffs were not required to aver that they were not…
2Cases cited7 opinions
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Boyce v. California Stage Co.California Supreme Court · 1864
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Kiler v. KimbalCalifornia Supreme Court · 1858
- Owen v. FrinkCalifornia Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Schneider v. Market Street Railway Co.California Supreme Court · 1901
- Stockton Combined Harvester & Agricultural Works v. Glens Falls Insurance Co.California Supreme Court · 1898
- Kleinclaus v. Marin Realty Co.California Court of Appeal · 1949
- McCarty v. Boise City Canal Co.Idaho Supreme Court · 1886
- Iowa Power & Light Co. v. Board of Water Works TrusteesCourt of Appeals of Iowa · 1979
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