Muller

I concur in the judgment, on the ground upon which the reversal is based in the opinion of Mr. Justice Thornton. With respect to the views therein expressed on other points I express no opinion.

Hearing in Bank denied.

Action to recover damages for a strip of land situate in the city of Santa Barbara, taken by *242 defendant on which to build its road, and for damages to the abutting lot not taken. Judgment passed for plaintiff, and defendant appeals.

It became necessary to prove the boundaries of the land of plaintiff, in order to adjust the damages suffered. The official map of the city of Santa Barbara was produced. The lot is situate on Gutierrez Street, in that city. There was a controversy in regard to the line of the street, and it became necessary to prove it. JSTo begi.nning-point was designated- or shown on the map. To show where the beginning-point was (the map appeared to have been made by one Ilaley, in pursuance of a survey of the city, showing streets, etc., made by him), the plaintiffs called F. N. Gutierrez, and put to him this question: “Well, have yon learned from reputation, hearsay, or otherwise, as to. where the initial point was in the making of this survey?'”' Defendants objected to the question, on the ground that it called for hearsay and incompetent testimony.

That common reputation or hearsay-is admissible to establish a boundary line of general and public interest,…