Catlett

Catlett v. Bennett

Good Law
1918 Cal. App. LEXIS 298·37 Cal. App. 91·173 P. 598
Court of Appeal of CaliforniaApril 29, 1918Civ. No. 1842.California972 words

Opinion

Lead Opinion

Burnett, J.

The action was for damages to crops caused by the flooding of plaintiff’s land in January, 1914. The gist of the complaint is shown by these allegations :

Appellants in their brief contend for three propositions: “1. The evidence is insufficient to prove that the damage to plaintiff’s crop was caused by any of the acts of defendants or for that matter from any waters coming thereto from the south of plaintiff’s land; that is to say, from the direction of Reclamation District 1000. 2. There is no evidence to prove any loss of plaintiff in connection with his levees. 3. Errors of law committed by the lower court in adopting what we claim to have been an incorrect method of computation.”

Of these contentions the only one concerning which there can be any serious controversy is the first one. As to this, from a reading of the entire record, the conviction arises that the evidence is not very persuasive. However, we think it cannot be said that the finding adverse to appellants is entirely unsupported. The only particular omission urged by appellants is, that the evidence does not show that the levee protecting plaintiff’s land was broken by the waters flowing from the south in the…

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