Stewart v. Birchfield
California Court of Appeal
APPEAL from a judgment of the Superior Court of Imperial County. Franklin J. Cole, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtJames, J.
A demurrer to plaintiff’s complaint was sustained by the superior court, and plaintiff declining to amend, a judgment dismissing the action was thereafter entered, from which plaintiff appeals.
The action was brought to recover the sum of $250 as damages, alleged to have been suffered by plaintiff through the negligent act of defendant. In the complaint it was set out that plaintiff was the owner of certain real property in the county of Imperial, and that defendant was the owner of land contiguous thereto. The plaintiff then proceeded to allege as follows: “That it is a well-known fact that…
2Cases cited4 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Brown v. McAllisterCalifornia Supreme Court · 1870
- Middlesex Co. v. McCueMassachusetts Supreme Judicial Court · 1889
3Cited by10 opinions
- Lussier v. San Lorenzo Valley Water DistrictCalifornia Court of Appeal · 1988
- Hoover v. HortonCourt of Appeals of Texas · 1948
- Preston v. SchrenkIdaho Supreme Court · 1956
- Ratcliffe v. Indian Hill Acres, Inc.Ohio Court of Appeals · 1952
- Boarts v. Imperial Irrigation DistrictCalifornia Court of Appeal · 1947
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