L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in existence when the second lease was entered into, then L was liable for any damages resulting therefrom. Held, that the instruction was correct. Dennis v. City of Orange (Cal. App. 1930) 293 Pac. 865.

Included in

Land Use Law Commons