Potter v. Froment

California Supreme Court

Potter v. Froment

47 Cal. 165

CourtCalifornia Supreme Court

DecidedJuly 1, 1873

Docket3,210

StatusPublished

Cited by5 cases

This text of 47 Cal. 165 (Potter v. Froment) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Potter v. Froment, 47 Cal. 165 (Cal. 1873).

Pincite

Opinion

By the Court:

The complaint does not allege any special damage sustained by the plaintiff, and it was, therefore, error to admit evidence of the cost of boiling and skimming water for household purposes. So, the complaint failing to allege that the- plaintiff rented the farm, or was prevented from renting it by reason of the discoloration of the water in the stream, proof of diminution of rental value was inadmissible.

The cause is remanded with directions to strike out so much of the judgment as awards damages, appellant to recover costs of appeal.

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By the Court:

The complaint does not allege any special damage sustained by the plaintiff, and it was, therefore, error to admit evidence of the cost of boiling and skimming water for household purposes. So, the complaint failing to allege that the- plaintiff rented the farm, or was prevented from renting it by reason of the discoloration of the water in the stream, proof of diminution of rental value was inadmissible.

The cause is remanded with directions to strike out so much of the judgment as awards damages, appellant to recover costs of appeal.

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Bluebook (online)

47 Cal. 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-froment-cal-1873.

Opinion

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