# Weringer v. Rutledge

> California Supreme Court · June 14, 1919 · 180 Cal. 566

URL: https://www.frixlaw.com/law-library/cases/3301675

## Case

- **Full name:** JOSEPH WERINGER, Respondent, v. F. A. RUTLEDGE, Appellant
- **Court:** California Supreme Court
- **Decided:** June 14, 1919
- **Citations:** 180 Cal. 566; 182 P. 31; 1919 Cal. LEXIS 525
- **Precedential status:** Published
- **Opinion:** Concurrence by Shaw
- **Judges:** Shaw, Lawlor
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3301675

## Opinion text

SHAW, J.
I concur in the opinion of Justice Lawlor and in the judgment of affirmance. But the instructions numbered 1, 2, and 3 would not be full or complete with the addition of the single statement that the parties must be uncertain as to the location of the true line at the time they agree upon . a line beween the lands occupied by them, respectively. The instructions lacked other elements essential to such a fixing of the boundary and to the proper information of the jury. There should be no difficulty in framing a correct and full instruction on the subject. The law has been the subject of many decisions and will be found fully stated in
Schwab
v.
Donovan,
165 Cal. 363 , [ 132 Pac. 447 ];
Price
v.
De Reyes,
161 Cal. 486 , [ 119 Pac. 893 ];
Loustalot
v.
McKeel,
157 Cal. 641 , [ 108 Pac. 707 ] ;
Lewis
v.
Ogram,
149 Cal. 508 , [ 117 Am. St. Rep. 151 , 10 L. R. A. (N. S.) 610, 87 Pac.
60]; Young
v.
Blakeman,
153 Cal. 481 , [ 95 Pac. 888 ]; and
Grants Pass etc. Co. v. Brown,
168 Cal. 459 , [ 143 Pac. 754 ].

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3301675. Public record. Not legal advice.