Drake v. Foster
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. The plaintiff alleged in his complaint that he leased a hotel in Santa Barbara from the defendant, and that he furnished it, and that the defendant occupied a room in it, and that by the gross carelessness of the defendant in the use of his room the hotel was burned and he sustained loss thereby.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. The plaintiff alleged in his complaint that he leased a hotel in Santa Barbara from the defendant, and that he furnished it, and that the defendant occupied a room in it, and that by the gross carelessness of the defendant in the use of his room the hotel was burned and he sustained loss thereby. The defendant was Daniel Horrom, who died soon after the service of summons, and W. E. Foster, the present defendant, who was the executor of his estate, was substituted in his place. The plaintiff recovered judgment,…
1Opinion of the Court
The offered testimony was to establish a collateral fact which was in no way connected with the issues.
The defendant must prove by the record that he offered to show at the trial the materiality of the evidence objected to.
The record is silent as to this, and since error is not presumed, we must conclude that no such tender was made to the Court. (Greenl. Ev. vol. 1, .sec. 51a, 52, and 448.)
The authority cited by appellant (50 Cal. 176) is not in point.
The evidence offered in that case was, of previous fires set by the same engines, which was in point to show an improper construction of the…
2Cases cited2 opinions
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Bank of Stockton v. L. L. Howland & Co.California Supreme Court · 1871
3Cited by13 opinions
- Radar v. RogersCalifornia Supreme Court · 1957
- Bemmerly v. WoodwardCalifornia Supreme Court · 1899
- Falkner v. HendyCalifornia Supreme Court · 1895
- Neis v. FarquharsonWashington Supreme Court · 1894
- Preston v. KnappCalifornia Supreme Court · 1890
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