Flanders v. Locke

Citations

• 53 Cal. 21

Syllabus

<p>Replevin for Drift Lumber.—In an action of replevin for lumber drifted upon the land of another, it is not the duty of the plaintiff to prove that the defendant did not suffer any damage. It is enough for him to show that the lumber is his, that it is in the possession of defendant, and that the latter has refused to deliver it on demand.</p> <p>Same—Appraisers of Damage.—Sec. 2390 of the Political Code, which authorizes either of disagreeing parties as to damages for drifted lumber to select “two disinterested citizens of the county, who may hear proofs and determine” the damages, does not impose any duty on either party, because it does not propose an intelligible mode of selecting appraisers.</p>