The herald., 1897-02-10
THE O[D-I|NE FLOODS
Damages Claimed in Ten
Railroad Suits
FOR acreage DESTROYED IN 1899
Mrs. Shepherd Wants $4,000
From the City
FOR sP0ILING HER HOME
And Leaving Her Perched Over the First
Street Cut
Dera Green's Alleged Seducer, Crawford
MaIkir, Gives $1,000 Bonds
A Witness Ksepe Court Clerk Prsncing
Around for Foolishness-Suit Against
the Furrey Company-fliscel-
laneous Notes
Dera Green's Alleged Seducer, Crawford
MaIklr. Gives $1,000 Bonds
rn. first of a series of ten suits, insti-

The first of a series of ten suits, insu-
futed against the Southern California
Railway company, which are based upon
the erratic doings of the waters of the
Los Angeles river, during the great flood
of 1889, was begun yesterday in depart
nent four before Judge Van Dyke and
Jury.
Other suits to recover damages for
havoc wrought by the river during that
memorable period have been brought in
the past, and in some cases damages
have been awarded and in others they
have not The suit now at bar, of An
dreas Danen VS.. The Southern California
Railway company, cannot yet be assign
ed to either category.
The plaintiff in the suit owned fifty-siX
acres of land in the Jose Antonio Perez
tract, in the ranch San Antonio, and dur
ing and after the flood of 1889 about
thirty acres were covered with sand and
debris, while about seven acres of good
soil was washed away. Fencing to the
amount of $500 was also destroyed and
stacks of hay valued at 5000 were includ-
ed in the watery holocaust. For all this
damage the plaintiff demands compen-
0atlon TO the amount Oh SbuUO.
In the allegations of the complaint
made by the plaintiff some curious
thoughts are engendered by the allu-
sions to the natural as distinguished
from the official bed Of the Los Angeles
river.
It Is claimed that the old Riverside,
Santa Ana and Los Angeles Railway
company undertook to build a levee
oil SiA of ha foy ba
pose of retaining certain lands thereto
fore inundated and the California Cen
trail Railway company, in which the
former became absorbed, did construct
and maintain the levee in a straight line
down the river from First street, with
out regard to the bed of the river or it's
channel, and in that way diverted ii
from its natural course. 1t is claimed
that in thus disregarding the natural
channel of the river the levee was neg
ligently built and maintained in such
manner as to obstruct the natural flow
Of the water. The present defendant an
its predecessors have, it is alleged mar
rowed the channel in such manner as to
cause the water flowing down channel
to diverge with the unfortunate result
of breaking bounds and destroying a
large acreage.
The defendant corporation rest their
cause, however, on certain official facts
In November, 1862, A. r Waldemar was
employed by the city to establish the
official banks of the river by survey and
on January, 1863 the mayor and city
council passed an ordinance defining the
river bed. Those boundaries it is con-
tended, included all that part of the river
along which the leVee was built-saVe
that portion from the patent boundary
of the city to its charter boundary. When
the levee was built it was done under
warrant from the city authorities, and
upon completion was passed upon by
them as In every way satisfactory. I'm
der these circumstances the defendant
claims that at all events, 1t is not in
fault, but the crucial point of the case
will probably be when the plaintiff
shows, or attempts to show, that while
the city accorded the permission to build
the levee such permission was exceeded
by the railway company and its length
extended beyond the stipulated point
The following jury was empaneled
yesterday for the purpose of wrestling
with the knotty problems that will he
presented for their consideration: Z. w.
Eyestone, Oscar Macy, Percy w. Hayle.
j. H. Vestal. Louis Polaski, Thomas Mil
sap, A. HinclSley, W. w. Lowe, l.. S. But
Ter, A. P. Hoffman, Brinley Hand and w
c. McGaw.
The law firm of Works &, Lee are ren-
resenting the plaintiff in the suit. while
Henry j. Stevens and Z. A. Ling rem
resent the interests of the defendant cor
poration.
The testimony taken yesterdy was of n
merely preliminary character and the
large maps of the river bed which are
stacked in the corner of the court room
have not yet been produced to nonnlus
the obdurate witness or befog the men
tality of the jury