Dandoy v. Oswald Bros. Paving Co

In Dandoy v. Oswald Bros. Paving Co. (1931) 113 Cal.App. 570, the defendant had dumped earth and soil on the plaintiff's land, but the trial court determined that as a result, the value of the land had been increased. The appellate court reversed the judgment for the defendant, noting that the restoration costs were less than the original value of the property. "To hold that appellant is without remedy merely because the value of the land has not been diminished, would be to decide that by the wrongful act of another, an owner of land may be compelled to accept a change in the physical condition of his property, or else perform the work of restoration at his own expense. This would be a denial of the principle that there is no wrong without a remedy." (Ibid.)