Surocco v. Geary
California Supreme Court
Appeal from the Superior Court of San Francisco. This was an action brought in the Superior Court of the City of San Francisco, by the plaintiffs, against the defendant, for the recovery of damages for the blowing up with gunpowder, and destroying their house and store, with the goods therein, on the 24th December, 1849. Damages laid at $65,000/. The defendant answered, that the said building was, at the time of the entry upon the same and of the destruction thereof, certain…
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Appeal from the Superior Court of San Francisco. This was an action brought in the Superior Court of the City of San Francisco, by the plaintiffs, against the defendant, for the recovery of damages for the blowing up with gunpowder, and destroying their house and store, with the goods therein, on the 24th December, 1849. Damages laid at $65,000/. The defendant answered, that the said building was, at the time of the entry upon the same and of the destruction thereof, certain to be consumed by a public conflagration then raging in the city of San Francisco, and to communicate the said…
1Opinion of the CourtMurray, Chief Justice
Heydenebldt, Justice, concurred.1
This was an action, commenced in the court below, to recover damages for blowing up and destroying the plaintiffs’ house and property, diming the fire of the 24th of December, 1849.
Geary, at that time Alcalde of San Francisco, justified, on the ground that he haebauthoritv. fr? virtue-of-h-is-effice. to destroy said building, and also that it had been blown up hv him to stop the progress of the conflagration then raging.
It was in proof, that the fire passed over and burned beyond the building of the plaintiffs’, and that at the time said building was…
2Cited by25 opinions
- Allen v. City of DetroitMichigan Supreme Court · 1911
- United States v. SchoonCourt of Appeals for the Ninth Circuit · 1991
- County of Los Angeles v. SpencerCalifornia Supreme Court · 1899
- City of Los Angeles v. Shpegel-Dimsey, Inc.California Court of Appeal · 1988
- Youngblood v. City of Los AngelesCalifornia Court of Appeal · 1958
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