Hall v. Atchison

Plaintiffs filed this action for damages to a celery crop grown on land owned by the plaintiff Ferrasci under a contract with the plaintiff Ambrosini, on the counts of nuisance and inverse condemnation, alleging that the damage was due to the overflow of a sewer outfall line owned by the defendant, a public corporation, organized pursuant to Health and Safety Code, sections 6400 et seq. The defendant appeals from the judgment on a jury verdict rendered in favor of the plaintiffs on both counts, and assigns as error the order of the trial court overruling defendants demurrer, the orders denying defendants motion for a nonsuit, motion for a directed verdict, and motion for a judgment notwithstanding the verdict, as well as certain alleged errors in the instructions.