Dandoy

Dandoy v. Oswald Bros. Paving Co.

Good Law
113 Cal. App. 570·1931 Cal. App. LEXIS 1062·298 P. 1030
Court of Appeal of CaliforniaApril 22, 1931Docket No. 6440.California1,064 words

Opinion

lead Opinion

Conrey, J.

The plaintiff was the owner of two lots which together included an area of a little over one acre of land. The defendant, while performing a street work contract on a street not far from the plaintiff’s premises, dumped upon plaintiff’s land and spread out over said land a large quantity of materials which accumulated in the course of performance of the street work. This was done while the plaintiff was absent from the state of California, and was done without the consent or knowledge of the plaintiff. In the complaint filed by the plaintiff in this action against appellant and other defendants it was alleged that the defendants without authority, permission or consent of the plaintiff placed upon said real property large quantities of macadam, crushed rock, gravel and other similar materials amounting to approximately 31,000 cubic feet thereof; that prior to said acts of said defendants said land was composed of fertile soil well suited to farming purposes, but that by the placing of said materials thereon by said defendants the value of the land for farming purposes had been completely destroyed,' to plaintiff’s damage in the sum of $1710. The answer of defendant George H.…

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