Durgin v. Neal
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, The complaint alleged that in January, 1888, the plaintiff was in possession of the basement of the Wollacott Block in Los Angeles, and had therein a stock of books and albums in good condition, and proceeded to aver as follows: “That in said month of January, 1888, the said defendant did dig and excavate the land and premises next to and adjoining the said premises so occupied by the plaintiff, and did dig…
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Appeal from a judgment of the Superior Court of Los Angeles County, The complaint alleged that in January, 1888, the plaintiff was in possession of the basement of the Wollacott Block in Los Angeles, and had therein a stock of books and albums in good condition, and proceeded to aver as follows: “That in said month of January, 1888, the said defendant did dig and excavate the land and premises next to and adjoining the said premises so occupied by the plaintiff, and did dig and excavate the public street and sidewalks of Spring Street, in front of and adjoining the premises so occupied by the…
1Opinion of the Court
Gibson, C.
This was an action to recover damages for injury to plaintiff’s merchandise, caused by the negligence of defendants in flooding a cellar wherein the -same was stored.
At the trial, which was before the court without a jury, the defendant Neal, the owner of the premises upon which her co-defendants were erecting a building for her, and who does not appear to have either demurred *597or answered, moved for and obtained a nonsuit. The trial then proceeded against the defendants McNally and Young, and resulted in a judgment against them for $321 damages and $53.15 costs. From that judgment…
2Cases cited3 opinions
- Hoffman v. Tuolumne Cty. Water Co.California Supreme Court · 1858
- Yik Hon v. Spring Valley Water WorksCalifornia Supreme Court · 1884
- Berry v. San Francisco & North Pacific RailroadCalifornia Supreme Court · 1875
3Cited by3 opinions
- Durante v. City of OaklandCalifornia Court of Appeal · 1937
- Lowe v. City of San DiegoCalifornia Court of Appeal · 1935
- Norton v. Ransome-Crummey Co.California Supreme Court · 1916