Hilton v. Oliver

SHENK, J.

In 1921 and 1922 the plaintiff was the lessee and in possession of 120 acres of land in Reclamation District No. 1000. In the latter part of the year 1921 he seeded the land with barley. On the ninth day of February, 1922, the crop was about two inches high. On that day a heavy rainstorm started and continued for three or four days. On February 12th one of the drainage ditches of the district located near the plaintiff’s land overflowed and damaged the plaintiff’s crops. Thereafter he brought this action for damages against the district and the individual defendants who were at the time the trustees of the district. Before trial the action was dismissed as to the district. The jury rendered a verdict against the trustees in the sum of $1,000 and from a judgment thereon this appeal is taken.

The complaint alleged “that on or about the 12th day of February, 1922, said defendants so negligently and eare

[537]

lessly maintained and operated” said drainage ditch that the ditch overflowed and the water therefrom covered the premises of the plaintiff and damaged his crops. It is not disputed that under certain circumstances the trustees may be held liable for negligence. (See

Perkins

v.

Blauth,

163 Cal. 782 [127 Pac. 50];

Proper

v.

Sutter Drainage District,

53 Cal. App. 576 [200 Pac. 664].) Prior to 1923 the district itself was not liable for the negligence of its trustees. By section 3464 of the Political Code added in 1923 (Stats. 1923, p. 513) the negligence of the trustees of a reclamation district is made imputable to the district to the same extent as if the district were a private corporation.

The main contention of the defendants is that the evidence is insufficient to justify the verdict finding them guilty of negligence in the “maintenance and operation” of the drainage ditch. Negligence in the construction of the ditch is not charged against them.