Gomez v. Reed

SHAW, J.

The plaintiff appeals from the judgment.

[761]

A demurrer of the defendants to the complaint was sustained, leave was given to the plaintiff to amend, and upon his failure to do so judgment was given in favor of the defendants.

The action is for damages to personal property and to recover alleged profits which plaintiff would have received from the use and occupation of certain lands during the year 1912, if defendants had not ousted him therefrom in December, 1911.

The complaint alleges that on December 1, 1911, the plaintiff was in the lawful and peaceable possession of 146 acres of land in San Mateo County, which he was engaged in farming and upon which he was carrying on a dairy and keeping a number of horses, cattle, hogs, potatoes, hay, and grain; that on that day and the following day the defendants, without right, entered upon said land, drove the plaintiff’s cattle, horses, and hogs off the premises during a violent rainstorm, forcibly took possession of the premises and buildings, and compelled him to leave his residence thereon and to remove his hay, grain, potatoes, and other goods therefrom; that his said stock was accustomed to shelter and were then sheltered in the barns, sheds, and yards on the premises, and that by reason of their being exposed to said storm four of his cows died and the 'milk-producing quality of his remaining cows was impaired, and seven of his horses became diseased; that he was compelled to expend large sums of money in moving his said property to another place and for storage thereof; that the net profits of his said dairy during the year 1912 would have been two thousand three hundred dollars, of which profits he was deprived; that he was compelled to pasture his stock on other lands at an expenditure of $250; that the difference between the value of the use and occupation of the land from which he was ousted for one year, for which he had rented said land, and other lands which he was obliged to rent to continue his business as farmer and dairyman, was seven hundred dollars; that he was compelled to expend three hundred dollars in removing his property to said other lands; that the value of his horses and cows other than the four which died was depreciated to the amount of one thousand dollars, and that he lost six thousand dollars which he would have earned