Fairbanks v. San Francisco & North Pacific Railway Co.

Citations

• 115 Cal. 579
• 47 P. 450
• 1897 Cal. LEXIS 478

Syllabus

<p>Negligence — Destruction by Fire of Insured Building — Parties—, Joint Action by Owner and Insurance Company—Special Damage to Owner’s Business.—A joint action may be maintained by the owner of an insured building, and by the company effecting the insurance, to recover damages for the destruction of the building by fire, caused by the negligence of the defendant; and such joinder is not rendered improper by the fact that the owner further alleges special damage to his. business proxitnately caused by the defendant’s negligence, and all the damage to either plaintiff may be properly recovered in such action.</p> <p>Id.—Title to Insured Building—Reservation in Deed—Prescriptive Right.—Where the insured building originally belonged to the owner of the land on which it stood, who conveyed the land to the defendant by deed containing a reservation of the right to maintain the building with the privilege of ingress and egress from the same over the lands conveyed, and whatever transferable interest thus reserved became vested in the plaintiff, and plaintiff and his grantor with claim of title held undisturbed possession of the building, and paid all taxes thereon for the statutory period required to bar an action for the recovery of real property, the plaintiff has title to the insured building by pz-escription, and it is immaterial whether the deed be construed as operating to reserve a mere unassignable interest in gross, or operating as an exception of a profit a prendre which might be assigned.</p> <p>Id.—Adverse Possession of Building—Horizontal Cleavage os Heal Estate. —For the purposes of adverse possession, and the invocation of the statute of limitations, there may be cleavage of corporeal real estate horizontally as well as vertically, and a prescriptive title to a building may be acquired by adverse possession, although another person may have title to the supporting land.</p>