Daneri

Appeals from the judgment and from the order denying defendant a new trial.

The action was prosecuted to recover damages from defendant for injuries caused to plaintiff’s land. For the facts and for the circumstances giving rise to the cause of action reference may be had to the case of De Baker v. Southern Cal. Ry. Co., 106 Cal. 257 ; 46 Am. St. Rep. 237 . While the De Baker lands were riparian to the stream, the lands of this plaintiff were about six miles distant therefrom, but the new channel formed by the deflected river waters cut through the lands of plaintiff, to their great injury. In all other respects pertinent to this consideration the facts set forth in the De Baker case are applicable to the case at bar.

The levee which deflected the water of the river was completed in March, 1888. In the latter part of the month of December, 1889, the river cut its new channel. The original complaint in this action was filed on April 1, 1892. Plaintiff was allowed to file an amended complaint, and to the amended complaint defendant by demurrer urged the bar of the statute of limitations. The trial court entertained the plea, but overruled the demurrer. If the injury was direct and…