Voight

The facts upon which the trial court rendered its decision were stipulated and may be summarized as follows: In 1896 a survey was made, right of way acquired, and a' railroad constructed by defendant Southern Pacific Company’s predecessor from Anaheim to Los Alamitos, passing through what is now known as Stanton, California. Included in the right of way on which the railroad was constructed was a strip of land described in plaintiffs’ complaint, lying southerly of their property. The right of way lying immediately southerly of plaintiffs’ property was in a natural depression in the earth’s surface so that at the time of construction of the roadbed an earth embankment was made which was from 1 to 3 feet higher than the natural ground immediately northerly thereof. This was to provide a level roadway for the tracks. At that time a culvert consisting of two boxes 18 inches high by 30 inches wide and 38% feet long were placed laterally in a north-south direction through the embankment. This facility remained until 1941, when a one-box culvert of similar capacity was substituted in the same flow line. In 1911 a 12-ineh corrugated iron pipe was installed at another point through the…