Kleinclaus v. Marin Realty Co.

We granted a rehearing in this case to give further consideration to the question of appellants’ contributory negligence. Since respondents in their petition for rehearing did not question the accuracy of the recital of the basic facts in our opinion previously filed nor our conclusion that their negligence was clearly established we copy that portion of our previous opinion:

“Plaintiffs appeal from a judgment adverse to them in an action for damages for flooding their land. Plaintiffs were operating a private airfield and defendants, who had a contract with the United States Army Engineers to…