Aycrigg

The inundation of Yuba County farms caused by a crevasse in a Feather River levee in 1937 has resulted in an inundation of claims filed in this Court by more than seventy landowners.

The findings of a special master regarding these claims are now before the Court for review.

The crucial question is:

Are those findings “clearly erroneous”, and, if so, to what extent?

1. Statement of the Case

On April 24, 1952, this Court handed down an opinion in the above-entitled causes, which had been consolidated for trial, holding that the plaintiffs were entitled to recover damages for the flooding of their lands.

It was determined that the crevasse was caused by the „ negligence of the Corps of Engineers of the United States in making a cut and backfill, in connection with the removal of a pipe from the east levee of the Feather River, in the west section of Reclamation or Levee District No. 10.

In its conclusions of law, filed on June 17, 1952, the Court held that “the plaintiffs are entitled to a judgment against the defendant for all damages suffered by the plaintiffs * * * proximately caused by said flood * * * and that the trial of said issue of damages shall be held in abeyance…