Witkowski v. Hern
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This action was brought against a constable, his sureties on his official bond, and two other persons, John McGinley and F. M. Shultz, for damages resulting from the carelessness of the defendant as such officer in not preserving and taking care of the personal property of the plaintiff, P. H. Nelson (now dead), so that it became damaged. The cause was revived after the death of Nelson in the name of his executors, S. Witkowski and Albert Nelson, and upon the overruling of a demurrer filed to the third amended complaint, the defendant answered, and the cause was tried before a jury,…
2Cases cited2 opinions
- Cox v. Western Pacific RailroadCalifornia Supreme Court · 1873
- Secor v. LawThe Superior Court of New York City · 1862
3Cited by4 opinions
- Bowman v. WohlkeCalifornia Supreme Court · 1913
- Davanay v. EggenhoffCalifornia Supreme Court · 1872
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- State v. FowlerCourt of Appeals of Maryland · 1898