Daneri v. Southern California Railway

Citations

• 122 Cal. 507
• 55 P. 243
• 1898 Cal. LEXIS 621

Syllabus

<p>Consequential Injury to Land—Deflection of River by Levee—Trespass—Case—Statute of Limitations.—An action for damages for injury to the plaintiff’s land, caused by the deflection of a river into a new channel, as the result of the construction of a levee by the defendant, is not for a “trespass upon real property,” within the meaning of subdivision 2 of section 338 of the Code of Civil Procedure, limiting three years for the commencement of such an action; but it is in the nature of an action upon the case, at common law, for a consequential injury, and is barred in two years by subdivision 1 of section 339 of the same code.</p>