Oliver

Plaintiff and defendant are owners of adjoining tracts of land situate in Fresno county. As appurtenant to his land, plaintiff claims to have a right of way across the land of defendant for the purpose of maintaining a ditch to carry water from the main ditch of the Fresno Canal and Irrigation Company to the lands of plaintiff for irrigating purposes, and brought this action to obtain a judgment establishing such right, and restraining defendant from interfering with plaintiff in repairing said ditch. Defendant denied the right of plaintiff, and by a cross-complaint sought damages caused by plaintiff to the land of defendant in repairing said ditch.

The court found that plaintiff was not the owner of any such right of way across the land of defendant, and accordingly gave judgment that plaintiff take nothing by his action, and that defendant recover damages on his cross-complaint in the sum of one dollar.

Plaintiff mdved for a new trial, which was denied, and thereupon appealed to this court from the order denying his said motion.

Plaintiff’s contention is that the evidence does not support the findings of the court to the effect that plaintiff was not the owner of any right of…