Buchel v. Gray Bros.

Citations

• 115 Cal. 421
• 47 P. 112
• 1896 Cal. LEXIS 1025

Syllabus

<p>Negligence—Question for Jury.—In an action for negligence, the question of negligence is peculiarly for the jury; and even when the evidence is not conflicting, the verdict will not be disturbed if different conclusions can reasonably be drawn therefrom.</p> <p>Id.—Blasting Rock—Slide upon Plaintiff’s House — Overhanging Cliff—Contributory Negligence.—Where the evidence is conflicting as to whether the slide of rock upon plaintiff’s house from a high cliff was caused by the blasting of rock by the defendants upon their adjoining lot, but there is evidence sufficient to justify the jury in finding that it was so caused, and the answer admits that all of the defendants did the blasting, a verdict for the plaintiff will not be disturbed on the ground of contributory negligence, by reason of the fact that the removal of the rock at the base of the cliff, before plaintiff and defendants had acquired their respective lots, had destroyed its support, and caused it to overhang, and had created a rift some distance from its top, where the evidence is not clear how much of the top of the ledge came down through the blasting by defendants, or whether the removal of the rock at the base contributed to the slide, and it does not appear that plaintiff or his grantor were responsible for the excavation.</p>