Sullivan

This is an action brought by the county of Los Angeles to condemn a strip of land through a larger tract owned by defendant Sullivan, over which the county proposed to construct a storm drain or canal in the manner described in the complaint, for the purpose of carrying flood waters which in times of heavy rains accumulated upon the watershed contiguous to defendant’s said tract of land. The summons was issued on August 13, 1913, and the action was tried by the court without a jury in February, 1914. Pursuant to stipulation of the parties, the court found that Sullivan was entitled to compensation for the strip of land sought to be condemned in the sum of $2,216; and upon evidence adduced by the respective parties, it found that the damage accruing to the remainder of the tract by reason of its severance from the strip condemned, and the construction thereon of the storm drainage canal in the manner proposed by the plaintiff, was the sum of eleven thousand nine hundred dollars. Judgment followed, from which this appeal is prosecuted.

That the evidence adduced is ample to justify the finding made as to the damage, admits of no question; indeed, no attack is made thereon by…