Passarino v. City of Merced

The city of Merced appeals from a judgment against it and in favor of respondent, John Passarino, in an action to recover damages suffered by reason of the flooding and consequent destruction of tomato plants. Passarino appeals from a judgment in favor of the Atchison, Topeka and Santa Fe Railway Company, a corporation, the city’s codefendant. The case is factually quite similar, save as to the amount of damage suffered, to the case of Gonella v. City of Merced et al.) this day decided (ante, p. 44 [314 P.2d 124]).

It is unnecessary to restate the facts heretofore stated in the Gonella case.…