The herald., 1897-11-16

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Alameda street in the city. being an
area Of almost one mile in width.
The evidence therefore establishes to
my mind clearly that this line of levee
was constructed along the westerly
bank of the Los Angeles river, as relat-
ing to it's ordinary channel or flow, but
inside of the flood channel Of the river.
and that this levee did not in any man
ner interfere with the natural flow Of
the river in ordinary stages, or in any
stages except in times of great freshets.
ACTION OF PREVIOUS FLOODS
The testimony shows that in previous
floods, less in magnitude than that of
1889, when no distractions were in the
wash, and when the water was permit
ted to seek it's level over the face of the
the wash through all depressions in the
flood channel, the weight of the water
and of the stream were still directed
against this eastern bank. as evidenced
by its constant cutting and the deposit
of immense bridge timbers near the
Manning road on Rassett's land, yet
with all this no definite channel was cut
to the east. In the flood of 1889, it was
shown that before it reached anywhere
to the Manning road was covered with
water. finding it's way out to the SOUTH
and this escape, in my opinion, con-
tinued so long as the flood channel fur
ther south possessed any capacity to
receive additional water. The evidence
further shows that the flood of 1889 was
greater by at least so per cent than any
flood ever before occurring in this river;
that through a combination of unfor
tunate circumstances this flood was pre-
cipitated suddenly upon the outlet to
the south of the bridge: that the capac
ity of the former flood channel of the
river was insufficient to carry off this
deluge: that new channel, or an in
crease in size of the flood channel by
inundation of the whole country to the
south was inevitable before midnight of
the oath of December.
The channel having been actually cut |
through plaintiffs lands, and the evil
dence showing that, under the peculiar |
the location of the levee |
was the proXimate cause of the diversion
of the flood water Of the stream, we
are not permitted to indulge in conjec-
lures as to whether a cut there, or at |
some other place. might have occurred
in the absence of the levee. or whether,
as in previous years a general inunda-
ton would have resulted. without a
definite channel. What did occur is
known. What contributed to it in a
very marked degree is believed, and in
our opinion established.
HOW BOUNDARIES ARE DEFINED
My conclusions are that the great
weight of authority in this state and
elsewhere is in support of the PROPOSE
ton that the absolute and unqualified
light does not exist in a proprietor to
elevate even the natural banks of a
stream so as to force food waters, as
distinguished from surface waters, over
he lands of other propretors.
If, then, the unqualified right to ee-
Yate the banks does not exist, under
What circumstances, if az all. does the
light repose in the proprietor so to pro-
ect his property from the ravages of the
lood? 1t is proper here to say that do
lot believe the action of the city coun-
Ill in fixing the boundary lines of the
liver of itself conferred any additional
light.
Having, then, determined that the
of the levee in the first in
stance was neither negligently nor care
lessly done, the defendant is not liable
for maintaining the same as originally
except after acquiring the
same, by practical observation the dan
gerous character of the obstruction be-
came apparent.
CAUSE OF THE FLOOD IN 80
There can be no serious contention as
20 the cause of the damage occasioned
oy the flood of 1889. What we have
ound to be an act of God cut a new
,hannel, greater in depth than the old
me. through which the water there
lfter naturally ran. 1t needed no in
luence of the levee, nor direction, to
AIRY it in that channel. The levee in ,
10 degree influenced such flow and did
lot, in my opinion, contribute in any
way to the damage caused by the second
lood.
Findings are ordered and judgment
n favor of the defendant for it's costs.