Oliver

This is an appeal by Leonard J. Woodruff from an order made by the Honorable Walter S. Gates, Judge of the Superior Court in and for Los Angeles County, giving respondent immediate possession and use of the real property belonging to appellant, described in said order.

Appellant was one of the defendants in an action brought by the City of Los Angeles to condemn for street purposes a portion of a lot belonging to him, as well as property of the other defendants. The defendant Woodruff waived a jury trial and the hearing before referees appointed in said action was held in September, 1927. On April 12, 1928, the referees returned and filed their report, fixing the value of the land to be taken from appellant at $162,496, and his damages at $16,000, or a total damage of $178,496. The damages were fixed as of the date of the issuance of the summons, August 6, 1926. The report came on for hearing before the Honorable Hartley Shaw, a Judge of said Superior Court, on the sixteenth day of July, 1928, on the objections and exceptions filed thereto by the appellant herein, at which hearing witnesses were examined on behalf of both respondent and appellant, and on November 28, 1928, said…