Sloan v. Diggins
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. 1 Action for damages for a trespass alleged to have been committed on the plaintiff’s lot, fronting on Jones street, in San Francisco, by dumping earth, rocks and gravel on the same, by which her house, fences and shrubbery were alleged to have been injured The defendant justified under a contract with the Superintendent of Streets of the City and County of San Francisco.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. 1 Action for damages for a trespass alleged to have been committed on the plaintiff’s lot, fronting on Jones street, in San Francisco, by dumping earth, rocks and gravel on the same, by which her house, fences and shrubbery were alleged to have been injured The defendant justified under a contract with the Superintendent of Streets of the City and County of San Francisco. A copy of the contract and assignments thereon was annexed to the answer. The contract was for grading Jones street between…
1Opinion of the Court
By the Court, Rhodes, J.:
The defendant justifies the alleged trespass under a contract alleged to have been made between the Superintendent of Streets and certain persons who are therein described as the owners of the major part of the frontage of lots and lands liable to be assessed for the payment of the expenses of the work—the grading of a portion of Jones street—and a copy of the contract, together with the assignments thereof to the defendant was annexed to the answer. The defendant offered in evidence the contract with the assignments, but on the objection of the plaintiff it was…
2Cited by10 opinions
- Moore v. CoppCalifornia Supreme Court · 1897
- Stoneman v. FritzCalifornia Court of Appeal · 1939
- Carpenter v. ShinnersCalifornia Supreme Court · 1895
- Petersen v. TaylorCalifornia Supreme Court · 1893
- Oswald v. Northrop Aircraft, Inc.California Court of Appeal · 1944
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