AI-generated from this judgment's text. It can contain errors and is not the official version.
No AI brief yet. Click to generate.
Majority
p. 137[No. 6,884. Department One.] S. V. TREADWAY et al. v. J. G. JAMES et al.
Headnote
Damages—Nonsuit.Appeal from a judgment for defendant, and an order denying a new trial, in the Fifth District Court, County of San Joaquin. Booker, J.
After the decision, the respondents filed their petition for rehearing in Bank, and the application was denied.
J. H. Budd, and L. T. Carr, for Appellants.
W. L. Dudley, and P. S. Wilkes, for Respondents.
The plaintiffs in this case showed that they were entitled to at least nominal damages. Their cattle, when in a very poor condition, and in a dry season when there was no food for them except at a distance, were excluded by the defendants from land where the plaintiffs had a right to have them, from which a cause of action arose, and by which they suffered some damage. The nonsuit was improperly granted, and the judgment and order denying defendants’ motion for a new trial are consequently reversed, and the cause remanded for a new trial.
Sharpstein, J., and Myrick, J., concurred.