U.S. Court of Appeals for the Ninth Circuit, 1929

Sacramento Suburban Fruit Lands Co. v. Hanson

Sacramento Suburban Fruit Lands Co. v. Hanson
U.S. Court of Appeals for the Ninth Circuit · Decided December 17, 1929 · Wilbur
36 F.2d 946; 1929 U.S. App. LEXIS 2304 (Federal Reporter, Second Series)

Sacramento Suburban Fruit Lands Co. v. Hanson

Opinion of the Court

WILBUR, Circuit Judge.

This is a companion case to Sacramento Suburban Fruit Lands Co. v. Melin (No. 5671) 36 F.(2d) 907, to which reference is hereby made for a more particular statement of the facts.

The court instructed the jury as to what constituted, a commercial orchard substantially as in the case of Sacramento, etc., v. Nelson (No. 5683) 36 F. (2d) 929, and in the case of Sacramento, etc., v. Haenggi (No. 5678) 36 F.(2d) 923, and therein held erroneous. It also permitted the witness Davis to testify over objection that his company lost $47,000 by failure on an adjoining tract as in the case of Sacramento, etc., v. Leitch (No. 5723) 36 F.(2d) 949.

Judgment reversed.

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