Groff v. Du Bois

TYLER, P. J.

This action was one brought to recover damages for injuries growing out of an alleged trespass

[344]

on the part of defendants. The complaint was filed on the thirteenth day of March, 1920, and it alleges that about the first day of August, 1917, and while plaintiffs were in lawful and peaceful possession of certain real property, defendants unlawfully and in a malicious and offensive manner attempted to evict them therefrom, together with their personal belongings. The complaint contains an allegation that at such time plaintiff Helen E. Groff was in a delicate physical condition and that, such act on the part of defendants caused her to suffer a miscarriage. No actual damage was alleged, but plaintiffs claimed exemplary damages in the sum of $5,000. A demurrer was interposed pleading the statute of limitations. It was claimed that the action being one for injury caused by wrongful act of another that it should have been commenced within one year as prescribed by subsection 3 of section 340 of the Code of Civil Procedure. The demurrer was overruled, and defendants, answering, denied plaintiffs’ allegations and alleged that the defendant Du Bois was the owner of the premises and that he and the other defendants lawfully entered thereon, and that the plaintiff Helen E. Groff without cause or reason threatened to shoot them unless they departed. Denial is made that plaintiffs suffered any damage, and it was prayed that they take nothing by their action. Trial was had by jury. From the evidence it appears that defendant Du Bois was the owner of a fruit ranch in Lake County, and that plaintiff W. C. Groff and his family were located thereon under a working arrangement. On the first day of August, 1917, defendant Du Bois, in company with the other defendants, went upon the premises and removed certain personal property out of a shed and from the porch of the house occupied by plaintiffs. Helen E. Groff, the wife of plaintiff, came out of the door with a shotgun and ordered defendants to refrain from removing any of the property. Defendants desisted and they then left the premises. Subsequently, on August 13, 1917, Helen E. Groff suffered a miscarriage. It further appeared that defendants were civil and respectful upon the occasion, and that no force or violence whatever ivas used by them. As before stated, no actual damage was prayed for and none was proven. At the conclusion of the trial a verdict was rendered in favor of plaintiffs for $100 actual and $2,500