Buchanan

This is an appeal from a judgment on a jury verdict rejecting plaintiffs’ causes of action for wrongful death based upon negligence in maintenance and operation of a flood control system, defendant’s maintenance of. a dangerous condition with actual or constructive knowledge of its existence, and for infliction of emotional distress. The appeal is also from a portion of the judgment based upon a nonsuit granted after opening statement on plaintiffs’ cause of action for injunctive relief to abate a nuisance. Concluding that the jury was prejudicially misled by instructions given on the court’s own motion to the effect that defendant is not liable for a natural condition of drainage and that contrary to the evidence the condition causing the death which is the subject of the lawsuit is a natural one, we reverse the judgment based upon the jury verdict. Concluding, further, that the record does not support the trial court action granting defendant’s motion for nonsuit on the cause of action for injunctive relief, we reverse that portion of the judgment also.

Facts

In 1922, defendant Flood Control District constructed San Dimas Dam, creating a reservoir with a capacity of…