Majority
p. 357[No. 7,459. Department Two.] F. RHODA et al. v. ALAMEDA COUNTY.
Headnote
Measure of Damages—Fixture—Trespass.—In an action for the removal of a vault, forming part of the realty, from the plaintiff’s premises, the Court found and gave judgment for its market value.Held, That the measure of damages was the value of the article as it was in place as a part of the realty, immediately preceding its removal, and not ■ what it would sell for in open market if removed from the building.
Appeal from a judgment for the plaintiffs, and from an order denying a motion for a new trial, in the Superior Court of Alameda County. Cbane, J.
William & George Leviston, for Appellants.
E. M. Gibson, for Respondent.
The Court found that the vault, at the time of its removal, was a fixture, and part of the realty, and was the property of plaintiffs; that defendants had no legal right to remove it; and that its value, to be sold in open market, was, at the time of its removal, not over five hundred dollars; and thereupon the Court rendered judgment for that amount. In such case the measure of damages is the value of the article as it was in place as a part of the realty, immediately preceding its removal; not what it would sell for in open market removed from the building. (Civ. Code, § 3333; Whitbeck v. N. Y. Central R. R. Co., 36 Barb. 644 .)
Judgment and order reversed, and cause remanded for a new trial.
Cases cited
- Whitbeck v. New York Central Rail Road 36 Barb. 644 p. 357