Bancroft

This action is for damages suffered from a change in the grade of a street upon which plaintiff’s property abuts.

In the complaint it is alleged that plaintiff owns block 227 in Horton’s addition to the city of San Diego, which block abuts on Fifth street for the entire distance between Fir and Elm streets. In 1887 the city established a grade to said street in front of plaintiff’s block, and thereafter the street was graded to said grade. The result of the grading was that plaintiff’s prop-, erty was in a hollow or depression, varying from two to twenty feet below the street. It is then charged that afterward, on the 10th of October, 1889, the city by ordinance changed the official grade of the street, raising the same from one and one-half feet to three feet in front of plaintiff’s property. On the 5th of August, 1893, the city, after proper proceedings, ordered the street to be graded to the newly established grade, and awarded the contract for the work to one Goodbodv, who entered upon the work in January, 1894, and raised the street to the grade so estab *434 fished. It is alleged that thereby the said block of plaintiff was damaged to the extent of three thousand…