Butler v. Ashworth
California Supreme Court
Cross-appeals from an order of the Superior Court of the City and County of San Francisco declaring satisfied and extinguished a judgment for damages and interest thereon, and restraining execution upon said judgment, and denying a motion for an order declaring the judgment satisfied and extinguished as to the costs of the action in favor of the plaintiff and against the defendants. Charles W. Slack, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
Plaintiff brought an action against the city and county of San Francisco alone, to recover damages to her property caused by a broken sewer. The complaint was in two counts, the first upon the breaking of the sewer and the neglect to repair the same, and the second upon the negligent and improper manner in which the break was repaired—the proximate and efficient cause of damage assigned in each count being the inundation of plaintiff’s premises by the overflow from the broken and choked-up sewer; and the damages alleged in each count being identical as to time, manner, and extent.
In that…
2Cases cited2 opinions
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Urton v. PriceCalifornia Supreme Court · 1881
3Cited by22 opinions
- Hoch v. Allied-Signal, Inc.California Court of Appeal · 1994
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
- Laurenzi v. VranizanCalifornia Supreme Court · 1945
- York v. InTrust Bank, N.A.Supreme Court of Kansas · 1998
- Miller v. F. Beck & Co.Supreme Court of Iowa · 1899
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