Rhoda v. Alameda County
F. RHODA v. ALAMEDA COUNTY
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
The Court:
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.
Cited by
- Cornell v. Sennes Civ. 36892 · 1971-06-15
- Wilmerton v. Morton Civ. No. 13018 · 1946-06-17
- Givens v. Markall Civ. 6656 · 1942-04-22
- Los Angeles Trust & Savings Bank v. Bortenstein Civ. No. 3182. · 1920-05-10