Legal Opinion

Chope v. City of Eureka

California Supreme Court

Decided April 18, 1889No. 11739PublishedCited by 21 opinions

Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. The facts are stated in the opinion of the court,

1Opinion of the CourtMcFarland, J.

This is an action to recover damages for alleged personal injuries, caused by the plaintiff falling into an excavation for a sewer within the corporate limits of defendant, a municipal corporation. A general demurrer to the complaint was overruled; a motion for nonsuit was denied; and the jury found a verdict for plaintiff. The defendant appeals from the judgment, and from an order denying its motion for a new trial.

The defendant was incorporated by a special charter in 1874. (Stats. 1873-74, p. 91.) Its legislative body is a common council consisting of five members. The charter also…

2Cases cited4 opinions

  1. Goddard v. FultonCalifornia Supreme Court · 1863
  2. Winbigler v. Mayor of Los AngelesCalifornia Supreme Court · 1872
  3. Barnett v. County of Contra CostaCalifornia Supreme Court · 1885
  4. Crowell v. Sonoma CountyCalifornia Supreme Court · 1864

3Cited by21 opinions

  1. Davoust v. City of AlamedaCalifornia Supreme Court · 1906
  2. Doeg v. CookCalifornia Supreme Court · 1899
  3. Carson v. City of GeneseeIdaho Supreme Court · 1903
  4. Town of Ukiah City v. Ukiah Water & Improvement Co.California Supreme Court · 1904
  5. Whiteman v. Anderson-Cottonwood Irrigation DistrictCalifornia Court of Appeal · 1922

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