GREEN v. SMITH

Docket No. 8689.

261 Cal.App.2d 392 (1968)

67 Cal. Rptr. 796

RICHARD GREEN, Plaintiff and Appellant, v. RICHARD B. SMITH et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

April 19, 1968.


Attorney(s) appearing for the Case

Downs & Stewart and Walker W. Downs for Plaintiff and Appellant.

Kinkle, Rodiger, Graf, Dewberry & Spriggs and Robert B. Holland for Defendants and Respondents.


TAMURA, J.

Plaintiff, a wholesale grower of ornamental nursery trees brought this action for damages for crop loss allegedly sustained by him by reason of defendants' destruction of a concrete irrigation pipeline. The complaint was in two counts — one based on intentional trespass and one on negligence. Following a nonjury trial the court found that defendants unlawfully and intentionally, though not maliciously, demolished the pipeline and that as a consequence...

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