Youngblood

Plaintiff appeals from a judgment of non-suit in favor of defendants Max Rosenberg and Sons, a co-partnership, City of Los Angeles and Los Angeles County Flood Control District. The action is one for recovery of damages due to flooding and erosion of plaintiff’s property during heavy rains of January, 1952.

Reviewing a nonsuit, we of course accept that evidence which is most favorable to plaintiff. His property is situated in the Pacific Palisades area of Los Angeles County, is hillside property known as 708 Greentree Road. He purchased the property in 1947 and built a home on a leveled area lying higher than the floor of the adjoining canyon. The property is situated a short distance south of Sunset Boulevard, which is a winding road in that vicinity and at least a half mile from plaintiff’s property where it passes the subdivision of Max Rosenberg and Sons. That firm was subdividing a plateau on the top of a hill lying north of Sunset and north of plaintiff’s property, same being known as Will Rogers Riviera Estates. The settled statement on appeal indicates the intervening distance to be 1% miles, but the briefs say y2 mile. On the west side of the subdivision is Rivas Canyon,…