Hurd v. Barnhart
Cases that cite this one
5 later published cases cite this decision.
- Grupe v. Glick (Cal. 1945)
- Henkel v. Pacific Employers Insurance (Cal. Ct. App. 1956)
- Riggle v. Jackson (Cal. Ct. App. 1931)
- Atlas Development Co. v. National Surety Co. (Cal. 1923)
- State ex rel. Parkersburg Corrugated Paper Co. v. U. S. Fidelity & Guaranty Co. (W. Va. 1918)
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 charged that the measure of damages was what the use of the property was worth to the plaintiff during the time that he was deprived of it; and that in ascertaining the value the jury should consider how the plaintiff could and would have used the property had it not been taken from him.
This was substituting a speculative and peculiar measure of damages for the true rule, which, as applied to the case, was what the use of such property could have been procured for— in other words, the market value—and was erroneous.
The sixth instruction, given at the request of plaintiff, was erroneous in requiring the defendant to prove a special agreement for pasturage on land not included in the lease.
Judgment and order reversed, and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.