Flanders v. Locke
California Supreme Court Jul 1, 1878 No. No. 5885Published
Synopsis
Replevin toe Dbuti Lumbbb.—Where lumber is drifted down a stream and lodges upon adjacent land, if the owner of the land disclaims damages the owner of the lumber is not bound to tender damages, in order to maintain replevin for the lumber.
By the Court: The plaintiff was not a trespasser upon the land of the defendant, and as the latter had expressly disclaimed any damage, the plaintiff should not have been nonsuited for the failure to tender the amount of the supposed damage.
Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.
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