Surocco v. Geary

During a large fire sweeping through San Francisco on December 24, 1849, the mayor, Geary (defendant), ordered Surocco's (plaintiff) house blown up to create a firebreak and stop the fire from spreading further; without that demolition, the fire would certainly have destroyed the house anyway. Surocco was in the process of removing his belongings when the demolition occurred, and could have saved nearly all of his personal property had Geary not ordered the building destroyed immediately. Surocco sued for damages, a jury found in his favor, and Geary appealed.