(Download) "Ellena V. California" by Fourth Appellate District, Division Two Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Ellena V. California
- Author : Fourth Appellate District, Division Two Court of Appeal of California
- Release Date : January 22, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
By a 1967 stipulated judgment in condemnation, the State of California acquired parcels of land across plaintiff's property for the construction of a segment of a freeway. During a prolonged 1969 rainstorm, plaintiff's property suffered considerable flood damage; the freeway fill acted as a dam and the accumulated surface waters discharged through the freeway drainage system outletting on plaintiff's remaining property caused substantial erosion and channeling. Plaintiff*fn1 brought the instant action for damages alleging two causes of action: The first charged that the flood damage was caused by the design, construction and maintenance of the freeway improvements and the second alleged that the damages were the proximate result of the negligent design, construction and maintenance of the public improvements. The state interposed a number of defenses, including the defense that the stipulated judgment in the eminent domain action was res judicata and precluded plaintiff from recovering on his complaint.
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