Hails v. Martz

GIBSON, C. J.

Plaintiff brought this action claiming that the defendants had wrongfully caused surface water to flow over his land. He appeals from an adverse judgment.

In 1942 plaintiff became the owner of several acres of land in Los Angeles County which he leased for agricultural purposes. This property is adjoined on the west by land owned by the defendants Martz. Both properties are bounded on the north by Del Amo Street, beyond which lies a large tract of land owned by the defendant Del Amo Estate. The defendant Pacific Electric Railway Company owns a spur track erected on an embankment crossing the Del Amo property a short distance north of Del Amo Street. The lands to the north are higher than the properties south of Del Amo Street, and during the rainy season waters flowing southward from the Del Amo property pass through two culverts located in the spur track embankment, thence southward across Del Amo Street in front of plaintiff’s property.

In 1924, one Marconi, while a tenant of the land now owned by plaintiff, erected an embankment along the north boundary, which was later enlarged and improved by the county (and thereafter known as the county dike). At the same time Marconi constructed a ditch immediately beyond the embankment, and along the south side of Del Amo Street, extending it to the Martz boundary line, thence south several feet on their land. The water flowed through this ditch and onto the Martz land where it was diffused until January, 1926,

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when Marconi, then also a tenant of the Martz land, extended the ditch along an embankment, entirely across the Martz property. From that time until 1942 water crossing Del Amo Street in front of plaintiff’s property was carried across the Martz land in this ditch.

Plaintiff purchased his land in June, 1942, and in the following August the defendants Martz filled in the ditch on their land. At about the same time they constructed an embankment along their east boundary line and these changes prevented the surface water from flowing onto the Martz land as it had formerly done. The water then accumulated on Del Amo Street and the county cut the dike to prevent it from backing up on the land to the north. Thereafter, in an effort to prevent the water from spreading over plaintiff’s land an embankment running southwesterly from the cut in the dike, was erected on his property. During heavy rains in January, 1943, water broke through the embankments on both lands and spread over each property.