Vernon

Plaintiff by its action sought to enjoin the defendant from making excavations in the public streets of the city of Vernon, or laying gas-pipes therein, as well as for a mandatory injunction requiring defendant to remove certain pipes already laid.

It is conceded that defendant is a corporation engaged in supplying gas; that the city of Vernon owns and controls no public works for such purpose; that the city of Vernon had an officer performing the duties of street superintendent during all of the times mentioned in the proceedings ;■ that prior to the sixth day of June, 1910, the defendant entered upon the streets and commenced laying gas-mains therein for the purpose of distributing gas from its works at Los Angeles, the two cities being contiguous. This entry and the work of excavation and the laying of pipes were known by the street superintendent, who interposed no objection to the character of the work or the manner in which the same was being done. The city at that time had passed no ordinance regulating such work, or for the damages or indemnity for damages occasioned thereby. After having laid in the streets certain pipes of lesser diameter, on the twenty-third day of…