Harrelson

Harrelson v. Miller & Lux Inc.

Good Law
182 Cal. 408·1920 Cal. LEXIS 528·188 P. 800
Supreme Court of CaliforniaMarch 12, 1920Sac. No. 2839.California2,194 words

Opinion

Lead Opinion

Lennon, J.

—Plaintiff was the owner of about 5,880 acres of land in Tulare County. This land was let by plaintiff to one L. B. Crow in 1910 for a term of three years, which was afterward extended ' to the first day of October, 1916. In June, 1916, Crow granted to defendant Miller & Lux the right to pasture said land with sheep. For this right Miller & Lux paid to Crow the sum of $3,040. After the sheep were taken on to the land, plaintiff received information of the fact and ordered defendant to remove them, which it ydid. Plaintiff thereupon instituted this suit to recover damages from defendant for various injuries to his property alleged to have been occasioned by the running and bedding of the sheep upon the land. Defendant filed a cross-complaint, wherein it asserted its right to run and bed the sheep upon plaintiff’s land and sought to recover the value of the straw and stubble remaining upon the land at the time of the eviction, together with damages for the injury to its sheep occasioned by their removal and for the loss sustained in dismantling watering-troughs erected by it upon the land. The trial court decided in effect that Crow had a right to grant to defendant the right to…

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