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Gonella v. City of Merced

Citations: 153 Cal. App. 2d 44; 314 P.2d 124; 1957 Cal. App. LEXIS 1454Docket: Civ. 9001

Court: California Court of Appeal; July 31, 1957; California; State Appellate Court

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Ben Gonella sued the City of Merced and the Atchison, Topeka and Santa Fe Railway Company (Santa Fe) for damages resulting from water accumulation on his property due to alleged negligence. Gonella claimed that the city failed to properly construct and maintain its streets, resulting in surface waters flowing onto his land. He also alleged that Santa Fe's embankments obstructed the natural flow of stormwater, directing it onto his property and submerging his tomato plants.

The trial court found that on January 15, 1952, stormwater could not drain properly from certain city streets, leading to accumulation and flow towards Gonella's land. However, the court ruled that the city was not negligent as it had no notice of the dangerous condition. The court determined that Santa Fe's tracks were constructed on elevated embankments that obstructed and redirected the natural flow of water, causing accumulation at the embankments and resulting in damage to Gonella's property.

The court also noted that a drain pipe under Santa Fe's tracks, designed to facilitate water flow, had become clogged, exacerbating the flooding issue. Ultimately, Gonella was awarded $9,678.02 in damages from Santa Fe, which subsequently appealed the judgment. Gonella appealed the nonsuit granted in favor of the city.

Key facts established without dispute include the overall slope of land in the area north and east of the intersection of N and 24th Streets, which directs surface and stormwater south and southwest. In 1896, the city authorized the construction of a steam railway along 24th Street, which was completed and maintained by Santa Fe after it acquired the original railway company. Between 1898 and January 1952, no alterations were made to the railway's track or embankment. In 1905, the city permitted Yosemite Valley Railroad to build a parallel single-track railroad along 24th Street, which it later abandoned, leaving its embankment intact. 

In 1921, Santa Fe constructed a spur track that also utilized an embankment similar in height to the others. A drain pipe existed beneath the Yosemite and Santa Fe embankments but was never extended through the spur embankment and had become clogged. On January 15, 1952, heavy rainfall flooded Gonella's tomato plants, a situation previously avoided due to the elevation of 25th Street, which diverted water. The city had recently installed a storm drain at the intersection of N and 25th Streets to address complaints from nearby property owners about ponding water. This drain released water down N Street, exacerbating conditions against the embankments. Despite Gonella's warnings about potential flooding from the new drain, it was sandbagged temporarily until the situation could be addressed. Ultimately, the sandbags failed during the rain, allowing water to flow through the storm drain and flood Gonella's land.

Joint action by Santa Fe and the city led to the opening of an old drain and its extension under a spur. The flooding of Gonella's land was primarily caused by the city's actions in cutting a storm drain at the intersection of 25th and N Streets, allowing ponded water to escape against the elevated intersection. The court initially found that the city was unaware of any dangerous condition on its streets; however, this finding is disputed due to evidence indicating that the city created the hazardous situation. According to legal precedent, a municipality is liable for conditions it has created without needing to prove prior knowledge of those conditions.

Gonella appealed the nonsuit granted to the city, arguing that the trial court's finding of the city's lack of notice was unsupported by evidence. The city’s actions—allowing water to pond and inadequately sandbagging the drain—created a dangerous condition, making the granting of the nonsuit an error. Additionally, the city and Santa Fe claimed a lack of an indispensable party; however, the court held that Huffman, the landowner from whom Gonella leased land, was not an indispensable party. Precedents established that a lessee, like Gonella, has the right to damages for crop destruction without requiring the landlord’s involvement. Therefore, the nonsuit cannot be justified on the grounds of lacking an indispensable party. The judgment against Santa Fe was affirmed, as it had an obligation to allow the natural flow of surface water across its embankments.

The trial court's findings that the embankments obstructed the natural flow of surface water are factually upheld. The law establishes that an upper property owner has the right to discharge surface water onto the lower estate, and the lower owner is liable for damages if obstructions cause flooding on the upper estate. The term "natural" refers to the unimpeded flow of water from the upper land to the lower land. Even if surface water previously flowed around the plaintiff's land without causing damage, the lower proprietor must accept naturally flowing water unless the upper proprietor has altered its flow. Santa Fe's embankments posed a continuing risk to Gonella's farmland, and evidence established that these embankments were a significant cause of the flooding that damaged Gonella’s property. Both Santa Fe and the city contributed to Gonella’s injuries and can be held liable. The judgment favoring the city of Merced is reversed, while the judgment against the Atchison, Topeka and Santa Fe Railway Company is affirmed, with concurrence from Schottky, J.