California Supreme Court, 1875

Berry v. San Francisco & North Pacific Railroad

Berry v. San Francisco & North Pacific Railroad
California Supreme Court · Decided July 1, 1875 · Cottrt
50 Cal. 435
Berry v. San Francisco & North Pacific Railroad

Cases that cite this one

6 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Cottrt:

The court below erred in refusing the defendant’s motion to strike out the evidence in relation to injury done to plaintiff’s wheat by the hogs of third persons. Such injury was not direct damage resulting from the trespass of the defendant. The acts complained of by plaintiff were the destruction of a portion of plaintiff’s fences, and the trampling and destruction of grain and herbage, and the plaintiff cannot recover for injury to the grain by cattle of others, damage-feasant for an indefinite or any period after the original entry and trespass.

The court also erred in excluding the articles of incorporation. For any trespass committed prior to the incorporation of the defendant, the individuals committing or direct*438ing such trespass would he responsible in damages, but defendant cannot be made to respond for an injury done before it had an existence.

Judgment reversed, and cause remanded for a new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.