Los Angeles County Flood Control District v. Southern California Building & Loan Ass'n

Action in eminent domain wherein respondents Lubin are real parties in interest. The taking is an easement, 18 feet wide, for the purpose of a covered storm drain. Pursuant to an order for possession B. A. Wattson Company, under contract with the Los Angeles County Flood Control District, performed the work which included excavation for the underground tube. The company drove into the ground 52 I-beams for the purpose of shoring the excavation; this work was done within 4% feet of the Lubin residence and the vibration seriously damaged it. An award of $5,470 severance damages was made. It does not clearly appear whether this was confined to the damage to the house, but it did include that item in some amount.

It was stipulated at the trial that the work done by the contractor was accepted and approved by the board of supervisors, that final payment was made to the contractor and that the work was done in accordance with the plans and specifications ; however, they did not expressly cover the method of shoring the sides of the ditch or otherwise preserving natural support for the remaining land. There was no showing of negligence on the part of the contractor and no showing that…