Berry v. San Francisco & North Pacific Railroad
Cases that cite this one
6 later published cases cite this decision.
- Judelson v. American Metal Bearing Co. (Cal. Ct. App. 1948)
- Northwestern National Insurance of Milwaukee v. Rogers Pattern & Aluminum Foundry (Cal. Ct. App. 1946)
- Hale v. Pacific Telephone & Telegraph Co. (Cal. Ct. App. 1919)
- Schwartz v. California Gas Etc. Co. (Cal. 1912)
- Lesch v. Great Northern Railway Co. (Minn. 1906)
- Durgin v. Neal (Cal. 1890)
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
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
Judgment reversed, and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.