Rhoda v. Alameda County
Cases that cite this one
4 later published cases cite this decision.
- Cornell v. Sennes (Cal. Ct. App. 1971)
- Wilmerton v. Morton (Cal. Ct. App. 1946)
- Givens v. Markall (Cal. Ct. App. 1942)
- Los Angeles Trust & Savings Bank v. Bortenstein (Cal. Ct. App. 1920)
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 found that the vault, at the time of its removal, was a fixture, and part of the realty, and was the property of plaintiffs; that defendants had no legal right to remove it; and that its value, to be sold in open market, was, at the time of its removal, not over five hundred dollars; and thereupon the Court rendered judgment for that amount. In such case the measure of damages is the value of the article as it was in place as a part of the realty, immediately preceding its removal; not what it would sell for in open market removed from the building. (Civ. Code, § 3333; Whitbeck v. N. Y. Central R. R. Co., 36 Barb. 644.)
Judgment and order reversed, and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.