Montgomery v. Locke

Citations

• 2 Cal. Unrep. 693
• 11 P. 874
• 1886 Cal. LEXIS 893

Syllabus

<p>Waters—Levee—Damage to Property.—Where the Effect of a Levee constructed by the defendant was to retain upon the land of the plaintiff, longer than it would otherwise have remained,' the accumulated water of floods, and his property was injured thereby, the defendant was held liable for damages.</p> <p>Damages—Necessity of Specially Pleading.—In Ordinary Actions of Tort, it is unnecessary to state specifically, and in amounts, the different statements or items which go to make up the sum total of the damages; it is enough to state the facts constituting the cause of action, and claim as much in gross, as damage for the wrong done.</p> <p>Special Damages — Pleading — Evidence.—If Special Damages 'are Claimed, the facts establishing such special damages must be stated with particularity, in order that the defendant may be enabled to meet the charge if it be false, and, if not so stated, cannot be given in evidence.</p>