Asher

This is an action to recover damages for the washing away of a part of plaintiff’s land by the waters that flowed down the Lexington Wash, near the town of El Monte, in Los Angeles County, during the flood of February 20, 1914. In August, 1913, the Bailway Company had reinforced its bridge across the wash by placing sway-braces on the bents. It is claimed by plaintiff that in thus placing sway-braces on the bents of the bridge, defendant was guilty of culpable negligence, and that this negligence was the proximate cause, or concurring proximate cause, of the diversion of the flood waters on to and through his land. The case was tried before a jury, a verdict was rendered for defendant, and plaintiff appeals from the judgment.

The following summary of the principal features of the case is sufficient for an understanding of appellant’s claims: Out of the steep mountains lying a few miles to the north of the area immediately surrounding plaintiff’s land, the San Gabriel Biver debouches. As the waters of the river emerge from the mouth of the canyon at the foot of the mountains, they follow, generally, and for some distance, the course known as the San Gabriel Biver. A little below…