Jaxon

This is an appeal by defendants from a judgment in favor of the plaintiffs by which they recovered damages for injuries to their land through the acts of the defendants.

The defendants are owners of a certain lot No. 9 in the city of Pasadena, fifty feet wide, fronting on Elevado Drive, and extending back 170 feet deep, which formed a part of their residence premises. The plaintiffs are the owners of a lot of equal size, No. 10, immediately adjoining to the east, upon which was located their bungalow home. The defendants erected a brick wall eight feet six inches high and approximately eight to twelve inches in thickness along the eastern boundary of their lot. In building this wall the defendants had left three to five inch openings or weep holes every three feet extending along the whole length of the wall, and several two-inch pipe openings in the foundation of the wall through which the rain-water draining naturally from lot 9 would flow on to lot 10. The plaintiffs alleged and sought to prove in their first cause of action that the defendants had so changed the grade and character of the surface of their lot as to cause the rain-waters to flow upon plaintiffs ’ lot, but the…