Kaufman v. Tomich

For reasons hereinafter more fully stated, this cause was taken over by this court after decision by the District Court of Appeal, First Appellate District, Division Two. The action is one for damages for injuries alleged to have been suffered by plaintiff’s property by reason of the installation of a sewer. The defendant city, through its engineering department, prepared the plans and specifications for a sewer in Fairfield Avenue as proposed in a resolution of intention adopted by the city council, and a contract for the construction of the sewer was let to defendant Tomich. During the…