WECK v. L.A. COUNTY FLOOD CONTROL DIST.

Docket Nos. 16962, 16963, 16964, 16965, 16966, 16967, 16968, 16969, 16970.

104 Cal.App.2d 599 (1951)

232 P.2d 293

ROBERT WECK et al., Respondents, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. W.R. KRATKA et al., Respondents, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. DOMENICO TONSO et al., Respondents, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. GEORGE M. JAMES et al., Respondents, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. CLOTILDIS KERNS et al., Respondents, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. BRUCE H. KRATKA, Respondent, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. RICHARD B. REINERT, Respondent, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. JEAN CHURCH JAHNS, Respondent, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants. CARL RICHARD H. MULLER, Respondent, v. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Defendants; SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants.

Court of Appeals of California, Second District, Division One.

June 5, 1951.


Attorney(s) appearing for the Case

C.W. Cornell and Randolph Karr for Appellants.

Stewart, Shaw & Murphey and William L. Murphey for Respondents.


HANSON, J. pro tem.

This is the second appeal, in nine separate actions (consolidated for trial) commenced by the respective respondents, to recover damages that resulted to them on March 3 and 4, 1943, as a consequence of the flooding of their lands by storm or flood waters which broke out of a drainage ditch known as Eaton's Canyon Wash.

The respondents, as plaintiffs below, named as defendants the Southern Pacific Railroad Company (hereinafter called "Railroad...

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