Torts · MBE-tested
EBERHARD v. THE TUOLUMNE WATER COMPANY
4 Cal. 308·Supreme Court of California·1854·CA
Mr. Ch. J. Murray concurred.
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Opinion
*EBERHARD v. THE TUOLUMNE WATER COMPANY.
Nuisance, Tbeseass — Defense in action.
Appeal from the -Judicial District.
[MAJORITY — Mr. Justice Heydeneeldt]
Mr. Justice Heydeneeldt
delivered the opinion of the Court.
Mr. Ch. J. Murray concurred.
In an action for a nuisance, or trespass, the defendant has no right to inquire into the good faith of the plaintiff’s possession.
Judgment affirmed, with twenty per cent, damages.