Bates v. Humboldt County

Rasmus Hemerson, defendant to cross-petition, owned two separate tracts of land in Humboldt County. Upon this land plaintiff held an unforeclosed mortgage. From one of the tracts Humboldt County excavated gravel, compensating Hemerson therefor. Plaintiff, as mortgagee, brought this action against the county, alleging that he had been damaged because the excavation of the gravel by the county had injured the security of his mortgage. There was a trial, resulting in a verdict and judgment for plaintiff, from which he has appealed.

The only question presented is whether the. trial court ruled…