Surocco v. Geary Sup. Ct. Of Cal.,

3 Cal. 69, 58 Am.Dec. 385 (1853)

Facts

A fire was raging in San Francisco. Geary (D), the Alcalde of San Francisco, destroyed Surocco's (P) home by blowing it up to prevent a fire from destroying the entire town. D destroyed P's home while there was still time to salvage their goods and personal belongings. The court gave the verdict to P and D appealed.