White

The City of Santa Monica, a municipal corporation, appealed from a judgment in favor of the plaintiffs in an action for damages alleged to have been sustained by the diversion of water on to the lands of the latter.

The facts material to the controversy are undisputed, it being solely a question of law as to whether or not a municipality is liable in damages upon facts such as found by the trial court. Appellant raised the grade and paving of a street upon which property of respondents abutted, and which was approximately of the same elevation or grade level as the street prior to such improvement. All work was executed in accordance with plans and specifications, and was legal and regular. In doing the work appellant caused a depression or natural watercourse to be filled in to such an extent as to prevent flood waters from draining off, without constructing a culvert or drain, and the waters were “caught, retained, held and impounded in such a way that said flood waters were forced over and across plaintiffs’ property”.

It is contended that a municipal corporation is not liable in damages for the negligent performance of a governmental function, and that respondents are…