Saunders v. City of San Mateo

BRAY, J. In an action for personal injuries brought pursuant to section 53051, Government Code, charging negligent maintenance and control of Laurel Creek causing it to overflow and deposit silt upon the sidewalk in front of plaintiffs’ premises, plaintiffs appeal from a judgment of nonsuit. The sole questions presented are whether there is any evidence, or any reasonable inference from the evidence, which would have supported findings by the jury (1) that Latir el Creek constituted “Public Property” of the city of San Mateo within the meaning of said section, and (2) whether the material upon which plaintiff Catherine slipped came from Laurel Creek.

[573]Background

Plaintiffs lived on Branson Drive in San Mateo Village Unit No. 2, a subdivision of the city of San Mateo. About 1949 this subdivision and San Mateo Unit No. 1 were taken into the city. Prior to the construction of said subdivisions the area was low lying land into which Laurel Creek debouched from the hills. Through this area the creek fanned out into several channels and thence into two or three culverts under Bayshore Highway. The city manager testified that before acceptance of the subdivisions by the city it required that Laurel Creek be channelized into one channel and the other channels filled. Thereafter the creek crossed under Bayshore Highway in an arch shape culvert approximately 6% feet high at the center of the arch and approximately 14 feet wide at the base. This was the situation when the subdivisions came into the city. In the winter of 1950-1951 there were heavy rains. This culvert would not take all the water that came down the creek, due partly to the bottom of the culvert filling up two or three feet with silt. The creek overflowed. (To what extent does not appear.) The city hired a Los Angeles company to haul out this silt. The city found out in the winter of 1950-1951 that the culvert was not adequate, and planned to install other culverts, but they were not constructed. In December, 1951, and January, 1952, the rainfall broke a 60-year record. Plaintiff’s accident happened January 15, 1952. For four days prior, the rainfall averaged more than an inch per 24 hours.

Plaintiffs’ home is approximately four blocks from the Laurel Creek culvert. In December, 1950, water flooded about halfway onto the lawn. Around Thanksgiving and in December, 1951, water flooded Branson Drive. (Where this water came from does not appear.) On the Thursday prior to Tuesday, January 15, 1952, the street was flooded and remained so until Monday night. The water was so deep that plaintiffs’ neighbor waded in it up to her waist. The water came over the curb and into plaintiffs’ garage, which is higher than the curb'. The water was so high that plaintiff Catherine was unable to leave her home from Thursday until Tuesday. Tuesday morning she walked across her lawn and onto the sidewalk. The grass was wet but there was no water on the sidewalk or street. There appeared to be dry dirt on the sidewalk. “It wasn’t gummy or muddy or anything like that.” She took one step on the sidewalk, slipped and fell, breaking her arm.