Legal Opinion

Fisher v. Western Fuse & Explosives Co.

California Court of Appeal

Decided March 8, 1910No. Civ. No. 672PublishedCited by 6 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The appeal is from the judgment on the judgment-roll alone. The only question for determination concerns the ruling of the court below overruling a general demurrer to the amended complaint.

The action was brought to recover damages for the destruction of plaintiff’s dwelling-house, and the gravamen of the charge is contained in the following allegations: “That on the said nineteenth day of July, 1898, defendant carelessly, negligently, deceitfully, secretively, improvidently, and unsafely maintained a powder magazine, which was improperly constructed, containing not less than five thousand…

2Cases cited13 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. Stephenson v. S. Pac. Co.California Supreme Court · 1894
  3. Smith v. ButtnerCalifornia Supreme Court · 1891
  4. Laflin & Rand Powder Co. v. TearneyIllinois Supreme Court · 1890
  5. Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896

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3Cited by6 opinions

  1. Rannard v. Lockheed Aircraft Corp.California Supreme Court · 1945
  2. County of San Diego v. CarlstromCalifornia Court of Appeal · 1961
  3. Miller v. CooksonCalifornia Court of Appeal · 1928
  4. Hamilton v. San Francisco, Napa & Calistoga RailwayCalifornia Court of Appeal · 1920
  5. South v. FrenchCalifornia Court of Appeal · 1919

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