Hancock v. George R. Curtis Paving Co.

MR. JUSTICE THOMPSON (R. L.) Delivered the Opinion of the Court.

This is an appeal from a judgment for damages for injury to the property of the plaintiffs situated in Los Angeles resulting from the destruction of a building, fence and trees and the dumping of a large quantity of dirt and rocks thereon.

The plaintiffs own a large lot consisting of an acre and a half of land in Los Angeles fronting on Pasadena Avenue and bounded on the east by Sycamore Grove Park. This lot contained a dwelling-house which was constructed close to the intervening line between plaintiffs’ lot and Sycamore Grove Park. A side porch overlooked this park. To the rear of the building there was a platform covered with a trellis and an arbor. Back of this arbor there was an outbuilding used as a storeroom. An old fence stood along the dividing line of these properties. A black walnut tree stood at the northeast corner of the dwelling-house near

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the property line. At the northwest corner of the property, fronting Pasadena Avenue, there was a board sign reading “Dirt Wanted—Dump on Fill.” The lot was substantially level. It had been filled with dirt on the front portion thereof adjoining Pasadena Avenue. At the time of the trespass which is complained of, the dwelling-house was unoccupied.

The defendant is a construction company. It was engaged in laying a 48-inch drain-pipe along the south line of Sycamore Grove Park adjacent to the plaintiffs’ property. In the performance of this contract by means of a steam-shovel the plaintiffs’ fence above mentioned was destroyed; the storehouse was demolished, the porch and arbor were damaged, the walnut tree was removed and some 4,000 cubic yards of dirt, rocks and debris were dumped upon the rear portion of the lot. A large quantity of dirt was piled against the house and side porch. The walls and floors of the dwelling-house and porch were cracked and strained, and the foundation thereof was impaired. Suit for damages was commenced.

The complaint alleges the foregoing facts and asserts that these acts of the defendant resulted in destroying the drainage of the property and otherwise damaging the property to an extent of $15,000. The defendant failed to demur to the complaint. The essential allegations of the complaint were controverted. The court adopted, findings favorable to the plaintiffs. The injury and destruction. of the property as above recited was specifically found to be true. The court then finds as a result of such injury and destruction of property and as a consequence of dumping earth and rocks upon the lot that “the drainage of the water from the land was prevented, and the use of said land was interfered with, and the said land belonging to the plaintiffs was greatly damaged and lessened in value in the amount of Fifteen Hundred Dollars”. Judgment was rendered accordingly. From this judgment the defendant has appealed.