Rhoda

This is an appeal from an order granting plaintiffs a new trial on the ground of insufficiency of the evidence. Plaintiffs and respondents sued for damages alleged to have been done to certain property fronting on Webster Street in the city of Alameda by reason of the removal of the Webster Street bridge across the Oakland estuary and the substitution of a tube under said estuary by defendant and appellant County of Alameda. The case was tried before a jury, which brought in a verdict for defendant. The trial court thereafter granted the motion for new trial, from which this appeal is taken.

Appellant urges five grounds for reversal: 1. That respondents did not file a claim in accordance with sections 4075 and 4078 of the Political Code; 2. That there was no competent evidence in the record showing damage to the property; 3. That respondents are estopped to claim damages by reason of an agreement and lease entered into by respondents’ predecessor in title, as executrix of the will under which respondents inherited, whereby such executrix leased certain of said property to appellant for use during the construction of the tube complained of in this action; 4. That since appellant…