Humphreys

Richard Humphreys and Agnes Humphreys have appealed from an adverse judgment entered after the demurrers of Butte County and Marshall Jones, the director of public works of the county, to their first amended complaint for damages to property were sustained without leave to amend.

The Humphreys brought an action against the State of California and others, including respondents herein, to recover damages for alleged injuries to certain premises owned by them which were damaged when their land was inundated during the 1955 flood. The Humphreys sought recovery on the theories of inverse condemnation; dangerous and defective condition of public property; nuisance; ordinary negligence; and absolute liability based on an ultrahazardous activity. Their complaint alleged that United States Highway 99-E was constructed in such a manner as to block the normal drainage and flow of waters across the property of plaintiffs and interrupted the natural drainage of plaintiffs’ property and failed to provide adequate substitute drainage across said highway; that the defendants levelled the “Chico Fairgrounds” so as to block the normal and natural drains, causing the normal and natural drainage…