Rhoda v. Alameda County
This text of 58 Cal. 357 (Rhoda v. Alameda County) 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.
Opinion
The Court found that the vault, at the time of its removal, was a fixture, and part of the realty, and was the property of plaintiffs; that defendants had no legal right to remove it; and that its value, to be sold in open market, was, at the time of its removal, not over five hundred dollars; and thereupon the Court rendered judgment for that amount. In such case the measure of damages is the value of the article as it was in place as a part of the realty, immediately preceding its removal; not what it would sell for in open market removed from the building. (Civ. Code, § 3333; Whitbeck v. N. Y. Central R. R. Co., 36 Barb. 644.)
Judgment and order reversed, and cause remanded for a new trial.
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Cite This Page — Counsel Stack
58 Cal. 357, 1881 Cal. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoda-v-alameda-county-cal-1881.