Larson
Larson v. Santa Clara Valley Water Conservation District
Opinion
Opinion
Bray, J.
Plaintiff appeals from judgment of non-suit.
Questions Presented
1. Was plaintiff required to file a claim ?
2. Was there evidence of defendant’s negligence?
3. Was there evidence of nuisance?
Record
Plaintiff sued defendant district for damages for injuries received by him when, on July 10, 1958, in water skiing at Calero Reservoir, he lost his balance, fell into the water head first and struck his head on the bottom of the reservoir. The reservoir is one of a number owned by defendant. The trial court granted defendant’s motion for nonsuit on the grounds that the evidence showed no negligence or nuisance.
Facts
On April 7, 1958, defendant leased the reservoir to the County of Santa Clara for a recreational facility. Para graph 2 of the lease provides “Lessee shall have the full control and authority over the use of the above described lands and water surface leased to Lessee for recreational purposes and Lessee may control, regulate and supervise the public use thereof. However, it is expressly understood that Lessor is engaged in the conservation of water and that neither this agreement nor any of the terms or conditions thereof shall in any way interfere with the…