Wing Chung v. Mayor of Los Angeles

Citations

• 47 Cal. 531

Syllabus

<p>Liability of City fob Damage done by a Mob.—Persons whose goods are destroyed by a mob, in n riot in a city, are not entitled to recover from the city the value of the goods destroyed, unless such persons, if they had knowledge of the impending danger, use reasonable diligence to notify the mayor or sheriff of the threatened riot and the apprehended danger to their property; nor are they entitled to recover if they instigate or participate in the riot.</p> <p>Cbedibility of Witnesses.—It is the province of the jury to decide on the credibility of witnesses.</p> <p>Ruling out Testimony.—If the proffered testimony of a witness upon a matter is ruled out by the Court, on the objection of the opposite party, and two other witnesses are allowed, without objection, to testify to the same matter, the party who offers the testimony is not injured.</p> <p>Idem.—If, in an action against a city to recover damage for property destroyed by a mob, the Court rules out testimony that, during the riot, the plaintiff could not have gone on to the street to notify the Mayor, the error, if any, is immaterial, provided that, before the riot commenced, the plaintiff knew of the impending danger, and had ample opportunity to notify the Mayor,</p>