Maumus v. Champion
California Supreme Court
Appeal from the District Court of the Seventeenth District, Los Angeles County. Judgment was for defendant. Plaintiff moved for a new trial, which was refused; and from the judgment and order denying a new trial, plaintiff has appealed. The other facts axe stated in the opinion. jFirst. "Where an act not willful, but the result of negligence, is the immediate and direct cause of an injury, an action of trespass, vi et armis, will lie.
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Appeal from the District Court of the Seventeenth District, Los Angeles County. Judgment was for defendant. Plaintiff moved for a new trial, which was refused; and from the judgment and order denying a new trial, plaintiff has appealed. The other facts axe stated in the opinion. jFirst. "Where an act not willful, but the result of negligence, is the immediate and direct cause of an injury, an action of trespass, vi et armis, will lie. (18 Johnson’s Eep. p. 256. 19 Id. p..381. Lecme v. Bray, 2 East. Eep. p. 595.) Trespass qu. claus. will lie without an actual entry on the land. (Hill on Torts,…
1Opinion of the Court
Temple, J.,
delivered tbe opinion of tbe Court:
Tbe complaint in tbis action is in tbe form of trespass, to recover damages for tbe negligent use of water in the irrigation of defendant’s premises, by reason whereof water overflowed tbe lands of plaintiff, and greatly damaged him.
Tbe statement of tbe evidence is not very clear to one not already familiar with tbe situation of tbe premises, and we are not perfectly sure that we correctly apprehend tbe facts of tbe case. It appears that tbe plaintiff and defendant own adjoining places in Los Angeles, and were in tbe habit of irrigating their lots…
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