Partridge

The plaintiff owned a lot fronting on Montana Street in the city of Richmond. Her grantor had dedicated Montana Street in front of this lot as a public street, and the dedication had been accepted by the city of Richmond. At the time of the dedication no official grade had been established on this street. After the plaintiff had acquired the lot and built a house thereon the city of Richmond established an official grade and graded the street to it, and, as the jury found, this resulted in damage to plaintiff’s said property in the sum of five hundred dollars.

The grade established being unquestionably reasonable and necessary to make the street available for the purpose for which it was dedicated, it is contended that the plaintiff is not entitled to recover damages for the bringing of the street to the first official grade.

The point is decided in Eachus v. City of Los Angeles, 130 Cal. 492 , [ 80 Am. St. Rep. 147 , 62 Pac. 829 ], and Eachus v. Los Angeles Ry. Co., 103 Cal. 614 , [ 42 Am. St. Rep. 149 , 37 Pac. 750 ], unless the plaintiff is estopped from claiming damages'by reason of the fact that her grantor dedicated the street. The appellant argues that respondent’s…