Koebig
Koebig v. Southern Pacific Co.
Opinion
Lead Opinion
Fleet, J.
Action to recover of defendants thirty-four thousand eight hundred and ninety-one dollars and twenty-six cents, as damages alleged to have been occasioned by the destruction of certain brandies, wines, liquors, and other personal property, swept away by the Los Angeles river during high water, by reason, as alleged by plaintiff, of said river being obstructed and diverted by a railroad bridge constructed by the predecessor of defendants and maintained by the latter, and which bridge, it is alleged, was so faultily and negligently constructed and maintained as to constitute a dangerous nuisance in that it was not of sufficient space or size to admit of the flow of the waters of the river beneath it, whereby they were dammed up and caused to leave their banks and wash away and destroy the property in question.
The cause was tried by a jury, which rendered a verdict for plaintiff of five hundred dollars. From the judgment entered thereon and an order denying a new trial plaintiff appeals.
There is but one question necessary to be noticed. It is contended by plaintiff that there was no evidence to support the finding of the jury as to the amount of damage suffered by plaintiff, and…