Gould v. Madonna

Opinion

BRAY, J. *

Plaintiff appeals from that part of a judgment after court trial in his favor denying him double damages instead of actual damages.

Question Presented

Does section 3346 of the Civil Code or section 13008 of the Health and Safety Code apply to damage to property resulting from fires negligently set?

Record

Numerous suits for damages were consolidated for trial of the liability issue, and defendant’s liability was established. Before trial of the issue of damages in plaintiff’s case, Drewry v. Welch (1965) 236 Cal.App.2d 159 [46 Cal.Rptr. 65], was decided, holding that under…