Potter v. Froment

Citations

• 47 Cal. 165

Syllabus

<p>Pboop of Special Damages.—In an action for damages, caused by the pollution of the water of a stream which runs over the plaintiff’s land, special damages cannot be proved unless they are alleged in the complaint.</p> <p>Idem.—In such case, proof of the diminution of the rental value of the farm caused by the pollution of the water, is inadmissible, if the complaint fails to allege that the plaintiff rented the farm, or was prevented from renting it, by reason of the injury to the water.</p>