The herald., 1896-11-18
RELIC Of THE FLOOD
When the Winery Was
Destroyed
A SUIT appealed and REMANDED
And Now on Trial Before Judge
Clark
A CLAIM FOR OVER $4,000
Damages Sustained by the Neglige nee Of
the Southern Pacific
Damages Sustained by the NegIige nee Of
the Southern Pacific
Affairs Of Moir & Smith Being Stralghten ed
Out
Miss Josepha Valenzuela Has Griev-
ance-Knight & Harpham Suing a
Client-The Atkinson Trade-Low-
rvs Trial Set

A relic of the great flood of 1882 when
the river broke it's banks and worked
havoc and devastation down almost to
Wilmington, has bobbed UP serenely
from the waste waters in the shape of a
suit now on trial in department two, be-
fore Judge Clark and jury.
This suit of Julius Koebig against the
Southern Pacific company and the South
ern Pacific Railroad company was tried
first before Judge Wade in 1898. The
plaintiff sued for about $34 900 and got a
verdict for $500. and being discontented
at that award, appealed the case to the
supreme court. The trial court was
there reversed and the case remanded for
a new trial. This new trial has now be-
gun.
The facts in the case are simplicity it
self. In December of 1889 Elise Kohler,
Hermann Bohrman, Hans H. Kohler and
Charles Kohler were partners in wine
business trading under the firm name
of Kohler & Frohling. The winery, dis
tillery etc. belonging to the firm, were
situated about ten miles from the city
in what was at that time known as the
Nadeau vineyard. At this point there
was a good residence, winery, store
houses, outhouses and machinery of va :
rious kinds, including a distilling plant
valued at $500. Stored up in tanks
and casks large quantity of luscious
wine and high grade brandy reposed,
| and was valued at $4,000.
The Los Angeles river flowed through
the Nadeau vineyard, and prior to this
time the Los Angeles and San Diego
railroad had, according to the allega-
tions of the plaintiff, 'unlawfully and
negligently constructed bridge in the
Nadeau vineyard across the river" and
so badly was it built that it proved an
obstruction to the free flow of the river.
The railroad that constructed this
bridge was absorbed, finally, by the
Southern Pacific company.
Throughout the month of December,
1885, the rain was almost continuous, but
upon the night of the oath it descended
| in torrents. The Los Angeles river was
| swollen to a great height, and upon the
| evening referred to, the waters. being
damned by the i'll constructed bridge,
| burst the banks and flooded the vine
yard. The property of the plaintiff suf-
| fered and barrels of wine and casks of
brandy went floating oceanward, upheld
on the crest of the miniature waves
The wreck of Kohler & Frohling's place
was approximately complete, ad for
some days afterwards a gang of their
imen were busily engaged in fishing
around the countryside for the various
packages of good liquors that had float
ed off 1t is interesting to note in this
connection that week or two ago cask
of wine was uncovered by the plow az
East Compton. and for this treasure
trove the lucky rancher was indebted
to the flood of 1889 that washed the casl>
to the hiding place where it lay until
| over week ago.
The actual losses sustained by Kohler
& Frohling aggregated according to the
firms claim, s34S91.26 This included
$4,000 for the distilling plant; 400 pack
ages of wine worth s30.226.76, and the
loss of miscellaneous effects which made
up the balance of the total sum. The
firm assigned it's claim to Julius Koebig,
and he has figured as the plaintiff in the
claim to date. His interests are being
represented in the present suit by the
law firm of White G. Monroe and E. S.
Pillsbury. esq. and the defendant cor
porations' lawyers are Messrs. Chapman,
Hotchkiss and Ling.
All of yesterday was occupied in en-
paneling a jury to try the cause, and
with the completed panel testimony will
begin this morning.