Rubio Canyon Land & Water Ass'n v. Pasadena & Mt. Lowe Railway Co.

This is an appeal by the defendant from a judgment against it in the lower court for the sum of $1,420, damages suffered by the plaintiff by the removal of three thousand five hundred and fifty feet of steel pipe from the land of the plaintiff, and costs. The complaint contains two counts. In the second it is alleged: That ever since the fifteenth day of April, 1893, the plaintiff has had the right to use for purposes stated the steel pipe above referred to,’ which had been laid in the ground by one Lowe, with the consent of the plaintiff, in and along rights of way then and now owned and possessed by the plaintiff, and of which it had the right of user for the period of twenty-five years from the date named; that in the month of December, 1899, the defendant removed the pipe and appropriated the same to its own use; and that the plaintiff was thereby damaged in the sum of $4,620. In the first count, in addition to the facts alleged in the second, there is set out at length the contract between the plaintiff and Lowe under which the pipe was laid on the. plaintiff’s land; by the terms of which Lowe agrees to maintain the pipe-line in repair, with certain connections specified, for…