Berry v. San Francisco & North Pacific Railroad
Before: Cottrt
Synopsis
Tbespass on Lands.—In an action to recover damages for a trespass alleged to have been committed by destroying the plaintiff’s fences, and by trampling and destroying the grain and herbage growing on his land, the plaintiff cannot recover for injury done to the grain by the cattle of a third person, for any period of time after the original entry and trespass.
Evidence in Action op Trespass.—If an action of trespass is brought against a corporation for damages alleged to have been done by the corporation to the plaintiff’s land, the defendant may introduce in evidence its articles of incorporation, for the purpose of showing that it was not incorporated till after the alleged trespasses, or a part of them, were committed.
Trespass by Corporation.—A corporation cannot be made responsible for a trespass committed by individuals before it had an existence.
By the Cottrt: The court below erred in refusing the defendant’s motion to strike out the evidence in relation to injury done to plaintiff’s wheat by the hogs of third persons. Such injury was not direct damage resulting from the trespass of the defendant. The acts complained of by plaintiff were the destruction of a portion of plaintiff’s fences, and the trampling and destruction of grain and herbage, and the plaintiff cannot recover for injury to the grain by cattle of others, damage-feasant for an indefinite or any period after the original entry and trespass.
The court also erred in excluding the articles of incorporation. For any trespass committed prior to the incorporation of the defendant, the individuals committing or direct[438]ing such trespass would he responsible in damages, but defendant cannot be made to respond for an injury done before it had an existence.
Judgment reversed, and cause remanded for a new trial.
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