Graham
Graham v. Redland Heights Water Co.
Opinion
Lead Opinion
Smith, J.
The suit was brought against the corporation defendant and defendant Buggies and wife for trespass on plaintiff’s land, and an injunction. The case was tried on the answer of the defendant corporation only, and judgment entered against it. The appeal is by the defendant corporation from an order denying its motion for a new trial.
The alleged trespass consisted in the entry of the defendant by its agents on the land of the plaintiff for the purpose of digging a ditch for a pipe-line, specifically described in the complaint, from the main pipe-line of the defendant- corporation to the land of the defendants Buggies; and by the judgment the defendant corporation is perpetually enjoined from entering on the plaintiff’s premises for the purpose of excavating the ditch or trench thus specifically described, and from laying therein the proposed pipe-line as set forth in the complaint, “and from laying any new or additional pipe-line therein. ’ ’
The trespass complained of was actually committed by the defendant Buggies. But it appears that Mr. Buggies was a director and secretary of the defendant corporation, and that he acted under a resolution of its board of directors, of date…