Steiger

Since 1922 plaintiffs have been the owners of certain land in the Point Loma area of the city of San Diego. Their land holdings in this area were increased in 1945 to a total holding of approximately 13 acres. For longer than the history in the record recites there was a draw or swale which crosses diagonally over the property. From 1922 plaintiffs’ evidence indicates there was no running water in the draw except in 1927 and 1935, when there was a heavy rainfall. During these two rainfalls there was a small amount of water which ran through the property and which water caused no damage. One of the plaintiffs testified that even on these two occasions it took three or four days of heavy rain to cause the small run-off then in the draw.

About 1950, defendant snbdividers presented subdivision plans to defendant city of San Diego which included a system of drainage, storm drains and highways. These plans pertained to property in the immediate vicinity of plaintiffs’ property. These plans being approved by the defendant city, the planned improvements were constructed, approved and accepted by the defendant city and became a part of the defendant city’s system of public works. This…