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GONELLA v. CITY OF MERCED

Docket No. 9001.

153 Cal.App.2d 44 (1957)

314 P.2d 124

BEN GONELLA, Plaintiff and Appellant, v. CITY OF MERCED, Respondent; ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Defendant and Appellant.

Court of Appeals of California, Third District.

July 31, 1957.

Attorney(s) appearing for the Case

C. Ray Robinson, W.E. Craven and Donald E. Oren for Plaintiff and Appellant.

Robert W. Walker, Frederic A. Jacobus, J.H. Cummins and Henry M. Moffat for Defendant and Appellant.

Cardozo, Trimbur & Nickerson and Landram & Silveira for Respondent.

VAN DYKE, P.J.

Respondent Gonella, as plaintiff, brought this action to recover damages from the Atchison, Topeka and Santa Fe Railway Company, hereinafter called Santa Fe, and the city of Merced, hereinafter called the city. His complaint charged the city with negligence in the construction and maintenance of certain of its streets, whereby surface waters were discharged over his land. Against Santa Fe he complained that the embankments upon which their tracks were...

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