PLATIS v. SACRAMENTO NORTHERN RY.

Docket No. A038279.

205 Cal.App.3d 1025 (1988)

252 Cal. Rptr. 269

ROBERT G. PLATTS, Plaintiff and Appellant, v. SACRAMENTO NORTHERN RAILWAY, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

October 28, 1988.


Attorney(s) appearing for the Case

COUNSEL

Lawrence G. Smith and Smith, Etnire, Polson, Scott & Baker for Plaintiff and Appellant.

B. Clyde Hutchinson, James C. Martin, Joseph P. Mascovich, Scott M. Schoenwald and Crosby, Heafey, Roach & May for Defendant and Respondent.


OPINION

LOW, P.J.

A former owner of an underground tunnel easement who removed subjacent support from the surface land may be liable for property damage to the surface owner even after the owner transfers the property. Plaintiff, however, has failed to produce any declarations or facts to refute defendant Sacramento Northern Railway's showing that it did not remove any subjacent support...

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