Falk v. Waterman
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff alleged in his complaint that he was engaged in the business of manufacturing cigars and tobacco, and was in the possession of rooms in San Francisco, where he carried on the business, and that the defendants broke into and entered the rooms and removed therefrom and destroyed large quantities of cigars and tobacco and other personal property.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff alleged in his complaint that he was engaged in the business of manufacturing cigars and tobacco, and was in the possession of rooms in San Francisco, where he carried on the business, and that the defendants broke into and entered the rooms and removed therefrom and destroyed large quantities of cigars and tobacco and other personal property. The jury found a verdict in favor of the plaintiff for §4,382 20, and the defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
This is an action for breaking and entering the plaintiff’s rooms, and injuring and destroying his property. The jury were instructed that, in awarding exemplary damages, they might “ take into consideration the expenses which the plaintiff has incurred about this business in and about this litigation. The amount has not been proved, but your knowledge of such matters will enable you to arrive at something like a just calculation as to what should be allowed as counsel fees, legal expenses, and other expenses incidental to this business and growing out of the wrongful…
2Cases cited2 opinions
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