Spangler

— This is an action to recover of the city and county of San Francisco damages for neglect in keeping a sewer in repair, whereby the plaintiff was injured.

At the time that the injury occurred, and for some years before, the plaintiff was the owner of a lot of land situate at the southwesterly corner of Eighteenth and Fair Oaks streets, 27 feet on Eighteenth Street and 101 feet on Fair Oaks Street, the lot lying east of Fair Oaks, *14 and constituting a parallelogram of 27 by 101 feet, on which he had, in 1877, built a house.

The material facts are found by the court as follows: “ That prior to October 19, 3883, defendant had authorized and caused a public street in said city and county of San Francisco, called Eighteenth Street, along and near the line of which a natural stream of water had been accustomed to flow and run, and many other streets crossing Eighteenth Street, to be graded, greatly above the natural level of the ground there, from Folsom Street westerly as far as Douglass Street, and thereby the waters of said natural stream were prevented from flowing in the bed of said stream, and said bed filled with earth in many places, and the waters flowing from a large…