Flanders v. Locke
53 Cal. 20
Cal.
1878
Check Treatment
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.