Gonella v. City of Merced

— Respondent Gonella, as plaintiff, brought this action to recover damages from the Atchison, Topeka and Santa Fe Railway Company, hereinafter called Santa Fe, and the city of Merced, hereinafter called the city. His complaint charged the city with negligence in the construction and maintenance of certain of its streets, whereby surface waters were discharged over his land. Against Santa Fe he complained that the embankments upon which their tracks were situated where they crossed a public street in the city diverted the normal and natural flow of surface waters to and upon his land. The…