City of Los Angeles v. Star Sand & Gravel Co.

Appellant brought this action against respondent and the Star Sand & Gravel Company for damages caused its San Fernando road bridge by flood waters in the Big Tujunga wash crossed by said bridge. It appears that respondent owned lands adjacent to the bridge and that the Star Sand & Gravel Company was engaged in removing sand, rock and gravel from the bed of the wash under some arrangement, the nature of which does not appear, with respondent's lessees, whose lease was made for the sole purpose of removing rock, sand and gravel from the wash. The court found that it was not true that the respondent at the time of the execution of the lease had any knowledge that the premises would be used so as to create a nuisance or cause probable injury to the bridge, that respondent had no knowledge or notice that the premises were being so used and that the premises could have been used for the purposes of the lease without creating a nuisance or endangering the bridge. It was also found that the bridge was damaged as a result of the negligent removal of sand, rock and gravel from the wash, which removal caused the volume of water usually and ordinarily flowing in said wash during the seasonal…