Razzo v. Varni

Citations

• 3 Cal. Unrep. 94
• 21 P. 762
• 1889 Cal. LEXIS 1099

Syllabus

<p>Trespass—Pleading—Misjoinder.—A Complaint in Trespass, alleging that defendants entered plaintiff’s close, and diverted the waters of his well, and frightened his wife, is not objectionable as presenting a misjoinder of causes of action.</p> <p>Trespass—Pleading Justification.—In such action, where plaintiff shows peaceable possession under a paper title for several years, if defendants have any right of entry, it must be pleaded in justification.</p> <p>Trespass — Damages — Evidence.—In such case, evidence by plaintiff that Ms loss was $4 per day, estimated on the loss of profits on his crop of vegetables, is incompetent, as being the conclusion of the witness, and not the facts on which an estimate could be made.</p> <p>Trespass — Special. Damages—Pleading.—Such damages were special, and, if recoverable at all, must be pleaded.</p>