Davis v. City of Sacramento
Synopsis
Appeal from a judgment for the defendant, in the Superior Court of Sacramento County.
The complaint alleges, in effect, the construction of a drainage canal by the city to the head of Beach’s Lake, and that, by reason of the waters thus carried into the lake, the waters in said lake are, during the dry season, since the completion of said canal, raised from two to four feet above the natural level, and thereby about sixty acres of the plaintiff’s land have been overflowed and submerged to the depth of two to four feet, etc. A petition for hearing in bank was filed in this case after judgment, and denied.
The Court: The Act of March 12, 1868 (Stat. 1867—8, p. 127), authorized “ the construction of a ditch or canal for drainage purposes, leading from the north line of R Street, Sacramento, to the channel or slough known as Snodgrass Slough or to Bloom’s Lake.” The complaint alleges the construction of a drainage canal from said city “to the head of Beach’s Lake.” If, as contended on the oral argument, the canal was not completed to the lower point named in the Act, but fell short of it, and emptied the sewage into a lake or slough other than those specified, and by reason thereof the acts complained of were performed and the damage sustained, plaintiff doubtless has a cause of action, and is entitled to relief. Looking at the Act above referred to and the complaint, we can not say that the canal, terminating in Beach’s Lake, has been constructed and used the entire distance contemplated by the Act.
Judgment reversed and cause remanded, with instruction to overrule the demurrer, with leave to defendant to answer.
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