Haynes

This is an appeal from a judgment of dismissal of the action as to Charlotte M. Price, one of the defendants. The order of dismissal was made upon plaintiffs’ refusal to amend after demurrer sustained to plaintiffs’ second amended complaint.

The facts set out in the second amended complaint are substantially as follows: That the defendant Indio Levee District, a regularly organized levee district under the laws of the state of California, by its trustees, constructed a dam across the natural channel of White Water River, a natural waterway, and also above this dam cut a new channel through a natural ridge which intervened between the course of the river and the lands of the plaintiffs, and which always theretofore had protected such lands from the flood waters as well as the ordinary flow of said river, and that the construction of this dam and the cut or channel through the intervening ridge turned the waters of the river, particularly in seasons of high water, into this new channel and upon and over the lands of plaintiffs, to their great damage. The dam and cut in question are situated upon the land of the defendant Charlotte M. Price. Defendants, other than the Indio Levee…