Hopkins v. Western Pacific Railroad

Citations

• 50 Cal. 190
• 1875 Cal. LEXIS 122

Syllabus

<p>Evidence in Action fob Cheating Nuisance. — In an action to recover special damages caused by placing an obstruction in the nature of a nuisance in the street opposite the residence of the plaintiff, evidence to show that the land would sell for less on account of the nuisance, is not admissible.</p> <p>Idem.—If the decreased value of the premises could be considered in such case, it would be their decreased market value, and not their decreased value as a family residence, so that evidence of the latter fact is not admissible.</p> <p>Damages in Action fob Nuisance.—In an action to recover special damages caused by placing an obstruction in the nature of a nuisance in the street opposite the residence of the plaintiff, tho defendant is liable only for the damages actually sustained prior to the commencement of the action.</p> <p>Besponsibility of Bajllboad Company fob Nuisance.—A railroad company is not responsible for the acts of its employees in creating a nuisance by using a culvert under its railroad near the residence of the plaintiff, for the purposes of a privy.</p>