Mulder

From the findings of the trial court the following facts appear: The plaintiff was the owner of lot one in tract No. 2138, at San Pedro, in the City of Los Angeles. Lot one is on the south side of Third Street, in the block next east of Cabrillo Street. The intersection of Second and Cabrillo Streets is northwesterly from plaintiff’s lot, and is on ground higher than plaintiff’s lot, so that the surface flow of water runs southeasterly from said Third Street intersection, down through a ravine in which plaintiff’s land is located. At the time of said injury (on or about March 1, 1926), and during a usual and common rainstorm, dirt, sand and debris were washed down from and off of Second Street and said Second Street intersection, and were deposited upon plaintiff’s property, with resultant damage, so that the dwelling-house of plaintiff was made uninhabitable. The destruction of plaintiff’s property was caused by negligence of the defendant, in that the defendant did not properly make, keep or maintain the public streets, and did not properly or adequately protect the same. Prior to said rainstorm the defendant city had raised and changed the grade of Second Street, and had made…