53 Cal. 20
Decided July 1, 1878
California Supreme Court · decided 1878-07-01
The action was replevin for lumber drifted down the Mokelumne River, by plaintiff’s assignor. The answer was a general denial. At the trial, it appeared that the lumber lodged on defendant’s land, and he hauled it to his dwelling-house, where he split it up for cordwood. The defendant admitted lie had not been damaged by the lumber. After the plaintiff had introduced his evidence, the defendant moved for a nonsuit, which was granted.
Cited by 1 later decisions — most recently October 1925
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1878-07-01
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¶1The plaintiff was not a trespasser upon the land of the defendant, and as the latter had expressly disclaimed any damage, the plaintiff should not have been nonsuited for the failure to tender the amount of the supposed damage.
¶2Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.