Geurkink

— This is an action for a permanent injunction against the city of Petaluma, brought by two owners of lots abutting upon Eighth and G streets of that city, respectively. Belief was denied them in the trial court, and this appeal comes to us from the judgment, and also from an order denying a motion for a new trial.

The facts material to a consideration of this question may be succinctly stated as follows: Edwards creek has been from time immemorial a natural water channel" passing over Eighth street, and thence across the city to tide water. Some few years past, the city blocked the channel of this stream where it crossed Eighth street, and attempted to take cafe of its waters by a sewer leading from this point down F street. During heavy rains this sewer proved entirely inadequate to carry the waters coming from the mountains via this stream, and F street was flooded as the result, the natural fall of the land tending that way. The plaintiffs’ property was situated a block or more distant and east from the point of obstruction, Geurkink’s lot being upon Eighth street and facing north, and the lot of his coplaintiff facing east upon G street. The land covered by Eighth street…