From Casetext: Smarter Legal Research

Cleland v. Thornton

Supreme Court of California
Apr 1, 1872
43 Cal. 437 (Cal. 1872)

Summary

In Cleland v. Thornton, 43 Cal. 437, an action prosecuted for damages caused to buildings by fire, evidence as to the cost of new buildings to replace those burned, was admitted.

Summary of this case from Williams v. Faria

Opinion

         Appeal from the District Court of the Ninth Judicial District, Siskiyou County.

         This was an action for damages. The complaint alleges that the defendants, while driving a herd of sheep through the country, encamped near the plaintiff's premises, and carelessly, negligently, and willfully permitted fires kindled by them to get out and spread over the adjoining country, thereby destroying a hay shed and corral, a blacksmith shop and tools, a dwelling house, household furniture, lumber, and other property belonging to the plaintiff; and also destroyed a forest of timber upon plaintiff's land, suitable for lumber, and adjoining a sawmill owned by him, thereby depriving the mill of logs, and making it comparatively valueless. The case was tried by the Court, without a jury. At the trial, evidence was admitted against the defendants' objections, to the effect that the probable cost of new buildings, to replace the ones that were burned, would be about two thousand six hundred dollars; and testimony that the timber destroyed was suitable for lumber was admitted also, against objections by the defendants. It was shown by the testimony, that the defendants had lighted a fire between the barn and the house, which was less than two hundred yards distant; that there was enough dry brush and material between the fire and the house, and in other directions, to convey the fire to the property burned; and that the defendants had gone away and left the fire burning. The Court rendered judgment for the plaintiff in the sum of one thousand seven hundred and fifty dollars. The defendants moved for a new trial, and the motion being denied, they appealed.

         COUNSEL

          J. H. Budd and C. Edgerton, for Appellants.

          L. N. Ketcham, for Respondent.


         JUDGES: Crockett, J.

         OPINION

          CROCKETT, Judge

         There was no error in the ruling of the Court admitting the evidence as to the cost of new buildings to replace those which were burned. The evidence was admissible as furnishing some data by which the Court would be enabled to estimate approximately the value of the old buildings; and it is evident from the opinion and order of the Court, that it was received and considered for this purpose only, and not as affording a criterion of damages. The evidence as to the character of the timber for milling purposes in that immediate neighborhood was also admissible under the pleadings, when it was offered. But, whether strictly admissible or not, it is apparent from the findings, and from the opinion and order of the Court denying a new trial, that it did the defendants no harm. Nor can we disturb the judgment on the ground that the findings were not justified by the evidence, which was quite sufficient to warrant the conclusion that the damage to the plaintiff's property was caused by the negligence of the defendants, as charged in the complaint.

         Judgment affirmed.


Summaries of

Cleland v. Thornton

Supreme Court of California
Apr 1, 1872
43 Cal. 437 (Cal. 1872)

In Cleland v. Thornton, 43 Cal. 437, an action prosecuted for damages caused to buildings by fire, evidence as to the cost of new buildings to replace those burned, was admitted.

Summary of this case from Williams v. Faria
Case details for

Cleland v. Thornton

Case Details

Full title:JOHN S. CLELAND v. HENRY THORNTON and J. WILLIAMS

Court:Supreme Court of California

Date published: Apr 1, 1872

Citations

43 Cal. 437 (Cal. 1872)

Citing Cases

Williams v. Faria

In this case, as in the other cases cited, such evidence is admissible, but standing alone, is wholly…

Phoenix Ins. Co. v. Pacific Lumber Co.

Section 3344 merely affords a remedy in treble damages, but does not create a liability for actual damages…