Farrell

The plaintiff appeals from the judgment, which was entered after an order sustaining a general demurrer to the amended complaint, which complaint the plaintiff refused to amend.

As shown by the complaint, the plaintiff is the owner of real property which lies immediately south of and adjacent to the city limits of the city of Ontario. For a number of years prior to the acts complained of in the complaint there has been, and now is, in the city of Ontario a street known as San Antonio Avenue, extending south from the northerly city limits and having its southerly terminus at the junction of plaintiff’s property and the southerly limits of the city. The city of Ontario, on or about August 1, 1916, passed an ordinance and awarded a contract for the paving of San Antonio Avenue south from a point about one and one-half miles north of the junction of plaintiff’s property with the southerly boundary of the city. Pursuant to these proceedings the defendants caused San Antonio Avenue to be excavated below its former level and thereby brought that avenue to a lower level than the land through which the avenue runs. By so excavating the defendants increased the fall along the avenue from…