Parrott v. Barney
U.S. Circuit Court for the District of California
The complaint contains four counts. The first is for technical waste by the landlord against his tenant from year to year, based on the statute. The waste is charged to have resulted from negligently introducing an explosive substance [namely, nitro-glycer-ine upon the premises],a etc. Treble damages are claimed.
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The complaint contains four counts. The first is for technical waste by the landlord against his tenant from year to year, based on the statute. The waste is charged to have resulted from negligently introducing an explosive substance [namely, nitro-glycer-ine upon the premises],a etc. Treble damages are claimed. The second is in the nature of a count in case at common law, by the landlord against a stranger, for injury to his reversionary interest in the premises demised to his tenants, Bell and the Union Club. The injury is alleged to have resulted from negligently introducing, etc., the…
1Opinion of the Court
SAWYER, Circuit Judge.
As to the waste on the premises demised to the defendants, I adopt the views expressed by the district judge, in his opinion on the demurrer, and I need not repeat the reasoning here. [Case No. 10,773a.] Whether the waste complained of is technically permissive, or commissive, I think it falls jvithin the provisions of the statute. And on the facts found, I think the defendants liable, although, as will hereafter appear, there was, in my judgment, no negligence on their part. There was, doubtless, fault on the part of those who delivered the-explosive substance to…
2Cases cited6 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Hoffman v. Tuolumne Cty. Water Co.California Supreme Court · 1858
- Kohler v. Wells, Fargo & Co.California Supreme Court · 1864
- White v. WagnerCourt of Appeals of Maryland · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Craine v. Oliver Chilled Plow WorksCourt of Appeals for the Ninth Circuit · 1922
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906