Campbell v. Bear River & Auburn Water & Mining Co.

Citations

• 35 Cal. 679
• 1868 Cal. LEXIS 142

Syllabus

<p>Damage to Land by Water Ditch.—In an action to recover damages for an alleged injury to the plaintiff’s land, resulting from the careless management of the defendant’s water ditch, which traversed the land: Held, that the defendant was bound to exercise no greater care to avoid the alleged injury to the adjoining lands than prudent persons would employ about their own affairs under similar circumstances.</p> <p>Idem.—The true principle applicable to such cases is, that in order to avoid doing a damage to the property of another, a person is bound in law to such care in the use of his own property as a prudent man would employ under similar circumstances, if he were himself the owner of the property exposed to damage.</p> <p>Demurrer—Error, when Immaterial.—Where the Court erroneously overruled plaintiff’s demurrer to certain new matter contained in the answer, under which, however, the defendant, at the trial, introduced no proof: Held, that the plaintiff’s case was not prejudiced by such erroneous decision, and that it furnishes no ground for a reversal, on appeal, of a judgment rendered for the defendant.</p>