Robinson

The trial court found that since the thirtieth day of May, 1913, the plaintiff has been the owner and in possession of a tract of five acres of land in the south half of lot 7, block 156, Rancho Diablo-, in San Diego County; that during the month of February, 1928, defendant caused the portion of the highway known as Lincoln Avenue between the premises owned by the plaintiff and the intersection of Fig Street and Lincoln Avenue to be graded and lowered and ditches or drains to be constructed along the sides thereof so that all the surface waters accumulated upon said Lincoln Avenue have been diverted and caused to flow through said ditches or drains on said Fig Street in a southerly direction upon the premises of plaintiff. That by reason of the diversion of the natural course of said surface waters upon the lands' of plaintiff said premises have been rendered unfit for cultivation, etc.; that said premises are occupied as a home by plaintiff and the flooding of said premises renders sewage disposal on said premises impossible and that said flooding constitutes a nuisance. The decree directed that defendant be perpetually enjoined and forbidden from diverting surface waters across…