BRIAN v. IVEY

Docket No. 10001.

196 Cal.App.2d 463 (1961)

16 Cal. Rptr. 598

ALPHEUS BRIAN, Appellant, v. EVERETT D. IVEY, Respondent.

Court of Appeals of California, Third District.

October 23, 1961.


Attorney(s) appearing for the Case

Robert E. Hatch, Leighton Hatch and Rutledge & Patton for Appellant.

Devlin, Diepenbrock & Wulff for Respondent.


WARNE, J. pro tem.*

Plaintiff brought this action against defendant to recover damages allegedly caused by the negligent flooding of plaintiff's rice lands in the year 1954. The court sitting without a jury rendered judgment in favor of defendant, and plaintiff has appealed.

It appears from the record that one Luchetti and the defendant, Dr. Ivey, owned adjoining property, and that prior to 1953 neither property was devoted to...

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