Slaback

Plaintiffs-appellants, husband and wife, brought this action against defendant-respondent for claimed damages as a result of certain improvements to a roadway (designated as Lots A and B) in a tract of land laid out and dedicated by the owner-subdivider for the use and benefit of adjoining lot owners in the tract located in the foothills of eastern Orange County and used primarily for mountain homes. The general terrain was rough, wooded and brushy. Silverado Creek flowed through this tract and lands owned by plaintiffs which are designated as Parcels 1, 2, and 3, on a map marked plaintiff’s Exhibit 3 in evidence. Defendant owned *41 Lots 24 to 33 inclusive, designated on said Exhibit, which are located south of plaintiffs’ lots on a higher level. They sloped toward the intersecting roadway across plaintiffs’ lots located at a lower level to the level of the said Silverado Creek. Lots A and B (the tract roadway) were unimproved at the time the events occurred which are the basis of plaintiffs’ complaint. Each owner of lots in the tract was given the right to use said tract roadway for road purposes, including necessary slope easements for cuts and fills adjoining said roadways.…