Legal Opinion

Poggi v. Scott

California Supreme Court

Decided March 11, 1914No. L.A. No. 3223PublishedCited by 69 opinions

APPEAL from a judgment of the Superior Court of San Diego County. T. L. Lewis, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

Plaintiff sued to recover from defendant the sum of two thousand dollars damages suffered by him by reason of the unlawful conversion by defendant of some two hundred barrels of plaintiff’s wine. A nonsuit was granted upon the ground that plaintiff had failed to prove a sufficient case for the jury and from the judgment which followed he appeals.

The primary and essential consideration therefore is, what facts did plaintiff by his evidence establish. He showed that his wine was stored in barrels in the cellar of a building situated at 12th and K streets in the city of San Diego. There were…

2Cases cited10 opinions

  1. Davis v. Tacoma Railway & Power Co.Washington Supreme Court · 1904
  2. Isle Royale Mining Co. v. HertinMichigan Supreme Court · 1877
  3. Cubit v. O'DettMichigan Supreme Court · 1883
  4. Donahue v. ShippeeSupreme Court of Rhode Island · 1887
  5. Budd v. Multnomah Street Ry. Co.Oregon Supreme Court · 1885

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3Cited by69 opinions

  1. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
  2. Chem-Age Industries, Inc. v. GloverSouth Dakota Supreme Court · 2002
  3. United States v. Ellison M. StocktonCourt of Appeals for the Fourth Circuit · 1986
  4. Burlesci v. PetersenCalifornia Court of Appeal · 1998
  5. Voris v. LampertCalifornia Supreme Court · 2019

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