Burrill

The plaintiff and appellant is a municipal corporation owning and operating its own water system. A portion of the water system is a pipe-line running from the city of Vallejo to Green Valley, a distance of about sixteen miles. The original pipe-line was laid in 1893 and runs through the lands belonging to the defendant, but at that time owned by his father, Thomas Burrill. The defendant succeeded to his father’s interest in the land referred to about the year 1900. In 1905 or 1906 a new line was constructed between Vallejo and Green Valley. This line was laid in two sections, the first section was laid between Vallejo and Crestón, the second section some years later from Crestón north to Green Valley. In building the second section the line was carried around and not through the lands belonging to the defendant. Use of the original line running through defendant’s land was discontinued, but the pipe was not disturbed. This portion, as claimed by appellant, was left intact to be used as an extra or emergency pipeline. In August, 1918, owing to the great demand for pipe to assist in supplying water to the navy yard for war purposes, the city decided to use the old pipe. The portion…