Reinsch

The plaintiffs have appealed from the judgment in an action for an injunction and for declaratory relief with respect to the use by the city and other defendants of a drainpipe which passes through the plaintiffs’ residential property. The judgment does not embody a declaration of the rights of the parties but merely provides that the plaintiffs take nothing by their complaint and that the defendants recover their costs.

The nature of the controversy is disclosed by the findings of fact, which are in part as follows: 1. In 1953 the plaintiffs purchased Lots 1 and 2 of Tract No. 14313 in the City of Los Angeles and are the present owners thereof. 2. Prior to such purchase the plaintiffs knew that the northerly rear portion of those lots, which had been part of a canyon, had been filled and that the fill was not compacted. 3. The plaintiffs further knew at the time of the purchase that the canyon existed to the west and to the east of Lots 1 and 2 and that “the floor of the canyon to the west of their property was the natural drainage course taken by the waters that fell on the respective walls forming this canyon. ’ ’ 4. The filling of the rear portions of Lots 1 and 2…