Chidester v. Consol. People's Ditch Co.
California Supreme Court
Appeal from the District Court of the Nineteenth Judicial District, Tulare County. The action was for damages alleged to have been caused to plaintiff’s land by the overflow of a ditch, which was the property of the defendant. The complaint alleged that the overflow was the consequence of negligence on the part of the defendant, in not'keeping the ditch in repair.
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Appeal from the District Court of the Nineteenth Judicial District, Tulare County. The action was for damages alleged to have been caused to plaintiff’s land by the overflow of a ditch, which was the property of the defendant. The complaint alleged that the overflow was the consequence of negligence on the part of the defendant, in not'keeping the ditch in repair. The first instruction which is referred to in the opinion was as follows: “ If the defendant has been guilty of -negligence, such negligence will not entitle the plaintiff to a verdict, unless the evidence shows that the plaintiff…
1Opinion of the Court
By the Court :
By the fourth instruction given at the request of the plaintiff, the Court instructed the jury that for any injury to the lands of the plaintiff, caused by the overflow of the waters entering the defendant’s ditch, “ resulting either directly or remotely from the negligence of the defendant in not keeping the same in good repair, or in the manner of its use while under defendant’s exclusive control, defendant is responsible for such damages as he has sustained by reason thereof.”
This instruction is erroneous, in so far as it declares the defendant to be responsible for damages…
2Cases cited2 opinions
- People v. AndersonCalifornia Supreme Court · 1872
- People v. CampbellCalifornia Supreme Court · 1866
3Cited by15 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Valdez v. Taylor Automobile Co.California Court of Appeal · 1954
- Soda v. MarriottCalifornia Court of Appeal · 1931
- Sebrell v. Los Angeles Railway Corp.California Supreme Court · 1948
- Finley v. City & County of San FranciscoCalifornia Court of Appeal · 1952
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