Daubenspeck v. Grear

Citations

• 18 Cal. 443
• 1861 Cal. LEXIS 227

Syllabus

<p>Plaintiff takes up two hundred and twelve acres of land under- the Possessory Act of this State, encloses it, and plants it with fruit and ornamental trees and shrubbery. Defendants enter upon a portion of the tract for mining purposes, dig up and destroy the trees and shrubbery, and threaten to continue such trespasses—claiming the right so to do by paying to plaintiff the money value of the trees, etc. Plaintiff sues for damages for the trespasses committed and asks a perpetual injunction against future trespasses—verdict: “We the jury award the plaintiff forty-two dollars damages.” Judgment accordingly, the Court refusing to perpetuate the injunction. Plaintiff had recovered a similar verdict in a previous suit: Held, that the verdict is conclusive of the rights of the parties, and that perpetual injunction against the trespasses should issue; that the nature of the property destroyed and threatened to be destroyed is such that the injury is irreparable; that plaintiff is not bound to take the mere ■ money value of the trees, as they may possess a peculiar value to him.</p>