Legal Opinion

Cook v. Suburban Realty Co.

California Court of Appeal

Decided December 5, 1912No. Civ. No. 1011PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of Contra Costa County, and from an order denying a new trial. R. H. Latimer, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

This is an action to recover damages for injuries alleged to have been inflicted upon the real property of the' plaintiif by the wrongful acts of the defendant. The complaint avers that at the time the plaintiif purchased the lands described in the complaint and which, it is alleged, were damaged by the acts of the defendant, “there was a natural drain which carried off all the waters and drained all” said lands, and that, “without the consent, and against the protest of this plaintiff, the defendant caused the said natural drain to be filled up, and failed and refused to provide ways and…

2Cases cited18 opinions

  1. Gay v. TorranceCalifornia Supreme Court · 1904
  2. Allen v. AllenCalifornia Supreme Court · 1911
  3. Herrlich v. McDonaldCalifornia Supreme Court · 1889
  4. Melde v. ReynoldsCalifornia Supreme Court · 1898
  5. Pratt v. PrattCalifornia Supreme Court · 1903

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3Cited by2 opinions

  1. Union Trust Co. v. DickinsonCalifornia Court of Appeal · 1916
  2. Vance v. De LongCalifornia Court of Appeal · 1961

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