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· 7/1/1858

Polk & Hensley v. Coffin & Swain

Citations

  • 9 Cal. 56

Syllabus

<p>A stock-raiser is a competent witness to estimate the damage done to cattle by falling through a wharf.</p> <p>Where the defendants held themselves out as public ferrymen: Held, that in an action against them for injuries to plaintiffs’ cattle by the breaking of their wharf, error in the admission of proof of their ferry-license could not injure them, as they were responsible m any case.</p> <p>A party in the actual possession of cattle at the time of injury, can maintain an action for an injury to them while in his possession.</p> <p>The Court may allow, after the close of plaintiffs’ evidence, the complaint to be amended by adding the name of another party plaintiff, if it does not affect the substantial rights of the parties.</p>

Judges: Burnett, Terry

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