Moore

An action by appellant to recover damages alleged to have resulted from the negligence of respondents William J. Burton, Edwin F. Williams, and G. B. Alexander Rife, as trustees of the Palo Verde Joint Levee District of Riverside and Imperial Counties, the corporation respondent being surety for each of said trustees on his official bond. A demurrer to the complaint having been sustained appellant declined to amend, whereupon judgment was entered for respondents and the appeal taken therefrom.

The levee district mentioned, in which is situated certain land owned by appellant, has constructed for the protection of the lands therein from the overflow waters of the Colorado River certain levees along and near the west bank thereof, one of such levees being referred to in the complaint as the Standard levee, situated between the river and the land of appellant. The complaint alleges that the natural slope of the lands within the district and the flow of the river are from north to south; that during the month of June, 1921, the levee mentioned was by the action of the waters of the river cut and about fifty feet thereof washed away; that several overflows therefrom followed which…