Supreme Court of California
43 Cal. 3d 64 (1987)
Harlan Youst (plaintiff) entered his horse, Bat Champ, into a race. Gerald Longo (defendant) rode another horse, The Thilly Brudder, in the same race. During the race, Longo allegedly rode The Thilly Brudder into Bat Champ’s track and hit Bat Champ with a whip. Bat Champ finished fifth in the race, winning Youst $5,000, and The Thilly Brudder finished second. Youst filed suit against Longo, alleging that Longo’s actions had deprived Youst of the chance of a victory for Bat Champ. Youst sought damages in the amount of the award for first, second, or third place, minus the amount actually won by Bat Champ. Youst did not allege facts showing that Bat Champ probably would have finished faster without Longo’s interference. Longo filed a demurrer, which the trial court sustained. The court of appeal affirmed. Youst appealed to the state supreme court.
Rule of Law
Holding and Reasoning (Lucas, J.)
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