Dick

Action to recover damages for the unlawful destruction of crops owned by the plaintiff on leased land. The defendants are the city of Los Angeles and three persons who constituted the board of public works, of that city. The defendants appeal from the judgment and from an order denying their motion for a new trial.

Vermont Avenne, in the city of Los Angeles, runs in a northerly and southerly direction. It is crossed by Slauson Avenue, running in an easterly and westerly direction. The right of way of the Atchison, Topeka, and Santa Fe Railway Company adjoins and parallels Slauson Avenue on the north side at and in the vicinity of the crossing of Vermont Avenue. The land on which the crops were grown consists of about thirteen acres adjoining the north side .of the railroad right ■ of way and fronting along the westerly line of Vermont Avenue a distance of 590.25 feet. At all times mentioned in the complaint the land was owned by F. P. Dalton and two other persons, and was occupied by the plaintiff as tenant of the owners, the tenancy being from month to month. The damage to plaintiff’s crops of vegetables was caused by the overflow of water from Vermont Avenue, resulting.from two…