Berry v. San Francisco & North Pacific Railroad
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Sonoma. The plaintiff was the owner of a tract of land near Santa Bosa, county of Sonoma.
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Appeal from the District Court, Seventh Judicial District, County of Sonoma. The plaintiff was the owner of a tract of land near Santa Bosa, county of Sonoma. The complaint averred that the defendant was a corporation, organized under the laws of this State, and that the defendant, on the 15th day of February, 1871, and at divers other times between that time and the commencement of the action, entered upon the land and broke up the ground on a belt sixty feet wide and eighteen hundred feet long, and injured the land of the plaintiff adjoining thereto, and destroyed the growing crops thereon.…
1Opinion of the Court
By the Cottrt:
The court below erred in refusing the defendant’s motion to strike out the evidence in relation to injury done to plaintiff’s wheat by the hogs of third persons. Such injury was not direct damage resulting from the trespass of the defendant. The acts complained of by plaintiff were the destruction of a portion of plaintiff’s fences, and the trampling and destruction of grain and herbage, and the plaintiff cannot recover for injury to the grain by cattle of others, damage-feasant for an indefinite or any period after the original entry and trespass.
The court also erred in…
2Cited by6 opinions
- Hale v. Pacific Telephone & Telegraph Co.California Court of Appeal · 1919
- Judelson v. American Metal Bearing Co.California Court of Appeal · 1948
- Schwartz v. California Gas Etc. Co.California Supreme Court · 1912
- Northwestern National Insurance of Milwaukee v. Rogers Pattern & Aluminum FoundryCalifornia Court of Appeal · 1946
- Durgin v. NealCalifornia Supreme Court · 1890
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