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ages, see note § 3300, ante.

As to when interest included, see Kerr's Cyc. C. C. § 3287 and
note.

Prospective profits. — See Kerr's Cyc. C. C. § 3300 and note.

§3312. BBEACH OF WARRANTY OF TITLE TO PER-
SONAL PROPERTY. The detriment caused by the breach
of a warranty of the title of personal property sold, is
deemed to be the value thereof to the buyer, when he is
deprived of its possession, together with any costs which
he has become liable to pay in an action brought for the
property by the true owner.

Historj-: Enacted March 21, 1872.

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

For Coinmissioners' coinment on this section, see Kerr's Cyc.
C. C. § 3312, note.

Measure of damages on failure of title to chattels sold. — See
53 A. R. 788-790.

§ 3313. BREACH OF WARRANTY OF QUALITY OF PER-
SONAL PROPERTY. The detriment caused by the breach of
a warranty of the quality of personal property is deemed to
be the excess, if any, of the value which the property would
have had at the time to which the warranty referred, if it
had been complied with, over its actual value at that time.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
60 C. 284, 287 (applied); 75 C. 558, 562, 17 P. 687, 688 (cited);

1628



Tit.II,ch.II,art.I.] BREACH OF WARRANTY. §§3314.3315

78 C. 606, 610. 21 P. 369. 370 (cited); 103 C. 415. 417. 418, 419,
420, 42 A. S. 125, 37 P. 412 (construed); 1 C. A. 286, 291, 82 P.
92 (applied with § 3314 — sale of engine).

As to many miscellaneous matters as to damages generally,
see note § 3281. ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300. ante.

Allegation of express warranty necessary, when. — See Kerr's
Cyc. C. C. § 3314 and note par. 2.

Sale for special purpose — Breach of warranty of fitness. — See
Kerr's Cyc. C. C. § 3314 and note.



§3314. HHE.VCH OF WAKRAMY OF QUALITY FOR
SPECIAL PURPOSE. The detriment caused by the breach
of a warranty of the fitness of an article of personal prop -
erty for a particular purpose, is deemed to be that which
is defined by the last section, together with a fair compen-
sation for the loss incurred by an effort in good faith to
use it for such purpose.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

65 C. 273, 274, 3 P. 889 (construed); 75 C. 558, 562, 17 P. 687.
688 (cited); 78 C. 606. 610. 21 P. 369, 370 (cited); 1 C. A. 286,
291, 82 P. 92 (applied with 5 3313— sale of engine); 4 C. A. 488,
498, 88 P. 512 (proper mode of pleading in action to ricover
damages for hreacJi of warranty of Htness of article for particu-
lar purpose).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note S 3300, ante.

Cognate section. — «.■«• Kerr's Cyc. C. C. $3313 and nnt..

§3:n:». iiri:a(h of rARHiKR's ohli(;atio\ to in-

CEIVE (JOOOS, ETC. The detriment caused by the breach
of a carriers obligation to accept freight, messages, or pas-
sengers, is deemed to be the difference between the amount
which he had a right to charge for the carriage and the
amount which it would be necessary to pay for the same
service when it ought to be i)erformed.

Ilixtory: Enartid Man h l^l. IST '.

1629



§§ 3316, 3317 CIVIL CODE. [Div.IV,Pt.T.

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Obligation to accept freight. — See Kerr's Cyc. C. C. § 2169
and note.

§331(5. BREACH OF CARRIER'S OBLIGATION TO DE-
LIVER. The detriment caused by the breach of a carrier's
obligation to deliver freight, where he has not converted
it to his own use, is deemed to be the value thereof at the
place and on the day at which it should have been delivered,
deducting the freightage to which he would have been
entitled if he had completed the delivery.

Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

120 C. 156, 159, 47 P. 874, 52 P. 302, 40 L. 350 (referred to).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Duties of carrier as respects delivery. — See Kerr's Cyc. C. C.
§§ 2118, 2119 and notes.

Limitation of liability by general notice and special contract. —
See Kerr's Cyc. C. C. § 2174 and note.

Stoppage in transitu. — See Kerr's Cyc. C. C. §§ 3076-3080 and
notes.

§8817. CARRIER'S DELAY. The detriment caused by a
carrier's delay in the delivery of freight, is deemed to be
the depreciation in the intrinsic value of the freight during
the delay, and also the depreciation, if any, in the market
value thereof, otherwise than by reason of a depreciation
in its intrinsic value, at the place where it ought to have
been delivered, and between the day at which it ought to
have been delivered, and the day of its actual delivery.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

1630



Tit.II,ch.II,art.I.] breach of promise. §§3318,3319

Carrie.r's liability for delay. — See Kerr's Cyc. C. C. § 2196 and
note.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 3317, note.

Loss or deterioration of goods, by delay. — See 31 A. S. 561-
567; 11 A. S. 360-366.

§3318. BREACH OF WARRANTY OF AUTHORITY. The

detriment caused by the breach of a warranty of an agent's
authority, is deemed to be the amount which could have been
recovered and collected from his principal if the warranty
had been complied with, and the reasonable expenses of
legal proceedings taken, in good faith, to enforce the act of
the agent against his principal.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Implied warranty by assumption of authority. — See Kerr's Cyc.
C. C. § 2342 and note.

§ 3319. BREACH OF PROMISE OF MARRIAGE. The dam-
ages for the breach of a promise of marriage rest in the
sound discretion of the jury.

Hi.story: Enacted March 21, 1872.

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Action by unmarried female for seduction. — See Kerr's Cyc.
C. C. P. § 374 and note.

Action for breach of promise of marriage. — See 63 A. D.
532-548.

Contract by infants to marry. — See 18 A. S. 627, 628.

Contract to marry extinguished by death of promisor. — See 22
A. S. 813, 814.

Damages for seduction. — See Kerr's Cyc. C. C. § 3339 and note.

Defenses to actions for breach of promise to marry. — See 40
A. S. 172-176.

Measure of damages in action for seduction. — See 44 A. D.
177, 178.

Parent or guardian may maintain action for seduction of
daughter or ward, etc. — See Kerr's Cyc. C. C. P. § 375 and note.

1631



§ 3333 CIVIL CODE. [Div.IV,Pt.I.

ARTICLE II.

DAMAGES FOR WRONGS.

§ 3333. Breach of obligation other than contract.

§ 3334. Wrongful occupation of real property.

§ 3335. Wilful holding over.

§ 3336. Conversion of personal property.

§ 3337. Same. [Application to benefit of owner.]

§ 3338. Damages of lienor.

§ 3339. Seduction.

§ 3340. Injuries to animals.

§ 3341. Same. [Sheep-killing dogs.]

§3333. BREACH OF OBLIGATION OTHER THA?f COJf-
TRACT. For the breach of an obligation not arising from
contract, the measure of damages, except where otherwise
expressly provided by this code, is the amount which will
compensate for all the detriment proximately caused thereby,
whether it could have been anticipated or not.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 34 pars, annotation.

53 C. 56, 58 (cited); 56 C. 217, 218 (cited); 58 C. 241, 242 (cited);
58 C. 357 (applied); 82 C. 595, 599, 23 P. 133, 134, 23 P. 375
(cited); 88 C. 159, 163, 164, 22 A. S. 291, 25 P. 1114 (applied);
92 C. 159, 174, 28 P. 558, 562 (cited); 102 C. 55, 68, 41 A. S.
151, 162, 36 P. 368 (cited); 109 C. 100, 106, 41 P. 794 (applied);
111 C. 668, 683, 44 P. 320, 32 L. 193 (applied); 114 C. 447. 451,
46 P. 286 (cited); 130 C. 309, 314 (erroneously cited for §3300),

62 P. 562, 563 (citation of §3300 omitted), 1058; 131 C. 149, 151,

63 P. 157 (cited); 139 C. 514, 518, 521, 73 P. 418 (cited); 141
C. 610, 613, 75 P. 164 (applied); 150 C. 51, 56, 87 P. 1093 (dis-
tinction between damages for breach of contract and damages
for tort); 1 C. A. 429, 431, 82 P. 634 (libel — recovery of damages
is not limited to such as result from injury to business) ; 1 C.
A. 441, 444, 82 P. 640 (applied with § 3281 — injury caused by
railroad depriving abutting landowner of access, over street,
to and from premises); 1 C. A. 678, 680, 82 P. 1084 (applied —
injury to railway passengers); 4 C. A. 460, 467, 88 P. 587 (ap-
plied — injury to servant arising from unsafe place to work);
7 C. A. 132, 134, 93 P. 1044, 1045 (construed and applied with
§ 3336 — damages for conversion of horses are limited to those
specified in latter section).

1632



Tit.II,ch.II,art.II.] OCCUPATION OF realty. §3334

As to many miscellaneous matters as to damages generally,
see note § 32S1, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

As to officer's duty to pay, tender, or secure amount of mort-
gage debt, see Kerr's Cyc. C. C. § 2950 and note.

As to proximate cause of damages where contract broken,
see Kerr's Cyc. C. C. § 3300 and note.

Accrual of damages after commencement of action. — See Kerr's
Cyc. C. C. § 3283 and note.

Action for injuries to relatives. — See 48 A. D. 619-641.

Damages for loss or destruction of property. — See 12 A. S. 248.

Damages for negligent killing of minor child. — See 62 A. S.
316.

Death by wrongful act — Action by personal representatives. —
See Kerr's Cyc. C. C. P. § 377 and note.

Death of child by wrongful act — Action by father, guardian,'
etc. — See Kerr's Cyc. C. C. P. § 376 and note.

Elements and measure of damages in actions for having
caused death of human beings. — See 12 A. S. 37.5-383.

Findings of court. — See Kerr's Cyc. C. C. § 3304 and note.

Fright as element of recoverable damages. — See 77 A. S. 859-
873.

Interest as damages. — See Kerr's Cyc. C. C. § 3287 and note.

Levy on mortgaged chattels. — See Kerr's Cyc. C. C. 5§ 2968,
2969 and notes.

Loss of profits as element of damages. — See 12 A. S. 248.

I.,oss of profits prevented by attachment. — See 45 A. S. 893, 894.

Malicious pro.secution and abuse of process. — See 14 A. D.
599-603: 44 A. R. 346-348; 26 A. S. 127-164.

Measure of damages for destruction or loss of growing crops.
— See 12 A. S. 248.

Mental suffering as element of damages. — See 36 A. R. 306-
308; 7 A. S. 534-537; 30 A. S. 711, 712.

Prospective profits. — See Kerr's Cyc. C. C. 8 3300 and notf.

Punitive or exemplary damages. — See Kerr's Cyc. C. C. ! 3294
and note.

Rebuttal of presumption — Instruction. — See Kerr's Cyc. C. C.
§ 3336 and note pars. 20. 21.

Remote and proximate causes. — See 35 A. R. 649-651; 41 A. R.
53-58; 42 A. R. 3!>n-:i;)n; 47 A. R. 381-387: 50 A. R. 569-574; 52
A. R. 157-166: 1 A. S. 656.

Trespass upon land. — Sec Kerr's Cyc. C. C. $ 3334 and note
pars. 5-7.

§3334. WRinfiFl'L (KCIT.VTION l)V HFVL PHtU'EKTY.

The detriment caused by tlie \vr()iii;ful occupation of real
Korrs C. C. — 52 1633



§ 3335 CIVIL CODE. [Div.IV,Pt.I.

property, in cases not embraced in sections thirty-three hun-
dred and tliirty-five, thirty-three hundred and forty-four, and
thirty-three hundred and forty-five of this code, or section
eleven hundred and seventy-four of the code of civil proced-
ure, is deemed to be the value of the use of the property for
the time of such occupation, not exceeding five years next
preceding the commencement of the action or proceeding to
enforce the right to damages, and the costs, if any, of recov-
ering the possession.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

72 C. 322, 330, 14 P. 12, 16 (cited); 77 C. 467, 472, 19 P. 872,
874 (cited); 125 C. 563, 566, 58 P. 130 (referred to); 1 C. A.
266, 270, 82 P. 85 (applied — unlawful detainer).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Lessee prevented from taking possession, or afterwards
evicted — Measure of damages. — See 100 A. D. 428, 429; 58 A. D.
606-614.

Value of improvements, set off, when. — See Kerr's Cyc. C. C.
P. § 741 and note.



§3335. WILFUL HOLDING OVER. For wilfully holding
over real property, by a person who entered upon the same,
as guardian or trustee for an infant, or by right of an estate
terminable with any life or lives, after the termination of
the trust or particular estate, without the consent of the
party immediately entitled after such termination, the meas-
ure of damages is the value of the profits received during
such holding over.

Hi-story: Enacted March 21, 1872.

125 C. 563, 566, 58 P. 130 (referred to).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the ineasure of dam-
ages, see note § 3300, ante.

"When estate! of trustee ceases.^ — See Kerr's Cyc. C. C. § 871
and note.

1634



Tit.II,ch.II,art.II.] CONVERSION. §3336

§3336. COVEKSIOX OF PERSONAL PROPERTY. The

detriment caused b3^ the wrongful conversion of personal
property is presumed to be:

1. The value of the property at the time of the conversion,
with the interest from that time, or, where the action has
been prosecuted with reasonable diligence, the highest mar-
ket value of the property at any time between the conversion
and the verdict, without interest, at the option of the injured
party ; and

2. A fair compensation for the time and money properly
expended in pursuit of the property.

History. Enacted March 21, 1872; amended Marcli 30, 1874,
Code Amdts. 1873-4, p. 26G; January 22, 1878, Code Amdts. '
1877-8, p. 90.

See Kerr's Cyc. C. C. for 29 pars, annotation.

50 C. 112, 115 (cited); 53 C. 274, 278, 279, 280 (cited); 54 C.
145, 146 (cited); 54 C. 192, 194, 195 (referred to as inapplicable);
57 C. 325, 326 (cited); 58 C. 241, 242, 243 (construed): 61 C.
629, 634 (cited); 71 C. 68, 69, 11 P. 847, 848 (cited with §3338);
76 C. 60. 70, 9 A. S. 164, 18 P. 100 (cited); 77 C. 267, 279, 11 A.
S. 279, 19 P. 494, 495. 499 (referred to); 79 C. 181, 183, 21 P.
729, 730 (cited); 85 C. 191, 194, 195, 24 P. 656, 657 (construed
and applied); 86 C. 459, 461, 462, 25 P. 12, 13 (cited); 90 C. 10,
14, 27 P. 159 (cited); 27 P. 296 (applied); 91 C. 119, 121, 122, 27
P. 601, 602, 603 (applied); 92 C. 159, 173. 28 P. 558, 562 (re-
ferred to); 96 C. 152, 154, 30 P. 1114 (referred to as inapplic-
able); 112 C. 208. 214, 44 P. 476 (cited); 44 P. 1018 (cited); 115
C. 39, 49, 46 P. 892 (cited); 57 P. 394, 397 (cited — actions not
improperly joined); 130 C. 190, 193, 62 P. 481 (referred to as
inapplicable); 130 C. 230, 236, 62 P. 395 (cited); 131 C. 149, 151.
63 P. 157 (cited); 132 C. 316. 319. 64 P. 409 (referred to as In-
applicable); 136 C. 538, 541, 69 P. 252 (cited); 1 C. A. 349. 356,
82 P. 265 (attorneys' fees are not recoverable under this sec-
tion, nor as costs in action); 7 C. A. 132, 134, 93 P. 1044 (con-
strued wltli § 3333 — damages for conversion of horses are lim-
ited to those specified in §3336); 103 F. 841. S4S (applied— attor-
neys' fees as element of compensatory damages): 109 F. 369.
370. 378. 48 C. C. A. 413. 54 L. 711 (cited).

As to judgment in detinue, see Kerr's Cyc. C. C. P. S 667 and
note.

As to many miscellaneous matters as to damages generally,
see note § 3281. ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300. ante.

1635



§§3337,3338 CIVIL CODE. [Div.IV.Pt.I.

Alternative form of judgment prescribed. — See Kerr's Cyc. C.
C. P. § 667 and note.

Breach of covenant to deliver personal property paid for. —
See Kerr's Cyc. C. C. § 3309 and note.

Cognate section, providing damages in trover. — See Kerr's
Cyc. C. C. § 3333 and note.

Constitutionality of amendment. — See Kerr's Cyc. C. C. § 3333
and note.

Conversion by officers and agents of corporations. ^See 48 A.
S. 922, 923.

Conversion of personal property sufficient to svistain trover. —
See 24 A. S. 795-819.

Damages for wrongful or malicious attachment. — See 68 A. S.
266-280.

Damages recoverable in trover. — See 14 A. S. 19.

Executor's nonfeasance. — See Kerr's Cyc. C. C. P. § 3333 and
note par. 11.

General rule is value at time of conversion and interest. — See
24 A. D. 71-73.

Liability of innocent purchasers. — See 24 A. D. 85.

Limitation on liability of depositary. — See Kerr's Cyc. C. C.
P. § 1840 and note.

Measure of damages in trover. — See 11 A. D. 526-528.

Measure of damages where value enhanced by wrongdoer. —
See 24 A. D. 70, 71, 73-77.

Mining — Damages for wrongfully extracting ore. — See Kerr's
Cyc. C. C. P. § 3334 and note.

Non-existing property. — See Kerr's Cyc. C. C. P. § 3309 and
note par. 3.

Property converted by mistake. — See 24 A. D. 77-85; 36 A.
R. 770.



§3337. SAME. [APPLICATION TO BENEFIT OF OWN-
ER.] The presumption declared by the last section cannot
be repelled, in favor of one whose possession was wrongful
from the beginning, by his subsequent application of the
property to the benefit of the owner, without his consent.

History: Enacted March 21, 1872.

§3338. DAMAGES OF LIENOR. One having a mere lien
on personal property, cannot recover greater damages for
its conversion, from one having a right thereto superior to
his, after his lien is discharged, than the amount secured by

1636



Tit.TI.ch.TI.art.TI.] SEDUCTION. §§3339,3340

the lien, and the compensation allowed by section thirty-three
hundred and thirty-six for loss of time and expenses.
IliNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

71 C. 68, 70, 71, 11 P. 847, 848 (cited with §3336); 91 C. 119.
122, 27 P. 601, 602 (construed and applied); 126 C. 288, 290, 58
P. 691 (applied); 128 C. 221, 226, 60 P. 679, 680 (applied).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Limitations on right to levy on mortgaged property. — See
Kerr's Cyc. C. C. P. § 2969 and note.

Measure of damages for conversion of collateral security. —
See 32 A. S. 725, 726.

Mortgaged property may be levied upon. — See Kerr's Cyc.
C. C. P. § 2968 and note.

§3339. SEDrCTlON. The damages for seduction rest in
the sound discretion of the jury.

IIlMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to many miscellaneous matters as to damages generally,
see note § 32S1, ante.

As to many miscellaneous matters as to tlie measure of dam-
ages, see note § 3300, ante.

Action by unmarried female. — See Kerr's Cyc. C. C. P. $ 374.

Breach of promise of marriage. — See Kerr's Cyc. C. C. V. § 3319
and note.

Exemplary damages. — See Kc-rr's Cyc. C. C. § 3294 and note.

Measure of damages In action for seduction. — See 44 A. D.
177, 178.

Parent or guardian — Action liy. — See Kerr's Cyc. C. C. P. i 375
and note.

§3340. INJIKIKS TO .VMMAI.S. l\)r wronk'ful injuries
to animals hoin^ subjects of i^roiMTly. committed wilfully or
by gross negligence, is disregard of humanity, exemplary
damages may be given.

Ilintoryi iinacted Marcli 21, 1S72.

See Kerr's Cyc. C. C. for 2 pars, annotation.

93 C. 393, 394 (erroneously cited for S 3440). 29 P. TO (.same
error).

1637



§ 3341 CIVIL CODE. [Div.IV,Pt.I.

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

§3341. SAME. [SHEEP-KILLING DOGS.] The owner,
possessor, or harborer of any dog or other animal, that shall
kill, worrj', or wound any sheep, angora goat, or cashmere
goat, or poultry, shall be liable to the owner of the same
for the damages and costs of suit, to be recovered in any
court of competent jurisdiction:

1. In the prosecution of actions under the provisions of
this chapter, it shall not be necessary for the plaintiff to
show that the owner, possessor, or harborer of such dog or
other animal, had knowledge of the fact that such dog or
other animal would kill, wound or worry sheep, goats, or
poultry.

2. Any person on finding any dog or dogs, or other animal,
not on the premises of the owner or possessor of such dog
or dogs, or other animal, worrying, wounding, or killing any
sheep, angora or cashmere goats, may, at the time of finding
such dog or dogs, or other animal, kill the same, and the
owner or owners thereof shall sustain no action for damages
against any person so killing such dog or dogs, or other
animal.

History: Enacted March 13, 1883, Stats, and Amdts. 1883, p.
283; amended February 27, 1903, Stats, and Amdts. 1903, p. 54.

See Kerr's Cyc. C. C. for 2 pars, annotation.

80 C. 545, 548, 22 P. 219, 220 (construed).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

Exemplary damages. — See Kerr's Cyc. C. C. § 3294 and note.

Property in dogs.— See 26 A. S. 80S; 67 A. S. 288-299.



1638



Tit.II.ch.II.art.III.] holding over. §§3344,3345

ARTICLE III.

PENAL, DAMAGES.

S 3344. Failure to quit, after notice.
§ 3345. Tenant wilfully holding over.
§ 334fi. Injuries to trees, etc.
§ 3346a. Damages for firing woods.
§ 3347. Injuries inflicted in a duel.
S 3348. Same.

§3344. FAILURE TO QUIT, AFTER NOTICE. If any

tenant give notice of his intention to quit the premises, and
does not deliver up the possession at the time specified in
the notice, he must pay to the landlord treble rent during
the time he continues in possession after such notice.

HUtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

125 C. 563, 566, 58 P. 130 (construed and applied with other
sections).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscellaneous matters as to the measure of dam-
ages, see note § 3300, ante.

§334.i. TENANT WILFULLY HOLDING OVER. If any

tenant, or any person in collusion with the tenant, holds
over any lands or tenements after demand made and one
month's notice, in writing given, requiring the possession
thereof, such person holding over must pay to the landlord
treble rent during the lime he continues in possession after
such notice.

IliNtory: Enacted March 21. 1S72.

See Kerr's Cyc. C. C. for 23 pars, annotation.

125 C. 563, 566, 5S P. 130 (construed and applied witii <»thor
sections); 1 C. A. 259. 261. SI P. 1120 (facts stating cause of
action in ejectment, witli proper prayer); 1 C. A. 266. 270, 82
P. 85 (applied — unlawful detainer).

As to many miscellaneous matters as to damages generally,
see note § 3281, ante.

As to many miscollaneous matters as to the measure of dam-
ages, see note § 3300, ante.

1639



§§ 3346-3347 CIVIL CODE. [Div.IV,Pt.I.

§3346. INJURIES TO TREES, ETC. For wrongful inju-
ries to timber, trees, or underwood upon the land of another,
or removal thereof, the measure of damages is three times
such a sum as would compensate for the actual detriment,
except where the trespass was casual and involuntary, or
committed under the belief that the land belonged to the
trespasser, or where the wood was taken by the authority
of highway officers for the purposes of a highway; in which
cases the damages are a sum equal to the actual detriment.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.

108 C. 197, 207, 41 P. 293 (construed and applied with § 733



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