Rogers v. West Riverside 350-Inch Water Co.

No. 959 is an appeal from, the judgment, while No. 1110 is an appeal from an order denying a new trial. The two appeals, by an appropriate order of the- supreme court, have been transferred to this court for hearing and decision; and' both of such appeals are heard and determined upon the same transcript, the questions involved in each being identical.

Plaintiff, the'owner of a canal constructed for the purpose of conveying irrigating water, brought this action against defendant, the owner of an easement in said canal, to recover an alleged proportion of the expenses due plaintiff for the maintenance and repair of such canal. The canal, as constructed and -operated during- all of the time mentioned in the complaint, had' a carrying capacity of more than 'one thousand inches of-'water; the eastern division thereof ex ceeded seven miles in length, while the entire canal exceeded ten miles in length. Plaintiff owned none of the water carried in said canal, bnt the same was operated entirely for the benefit of irrigators possessing rights to water carried there-through. Defendant originally owned the canal, or that portion of it constructed prior to 1890, in February of which year it…