Sminia

This matter comes before this court upon an appeal from a judgment which was rendered pursuant to an order sustaining motion for nonsuit made by defendants.

The complaint prays for a writ of mandate to compel the defendants to extend their water main to the premises of the plaintiff and connect the same with said premises, alleging that the plaintiff had tendered the sum of $15 for a meter connection, and praying that no other bonus or subsidy, or any other sum whatever, except the sum of $15 be required for making such connection. Upon trial the defendants objected to the introduction of any evidence, and later moved to strike all the evidence on the ground that the complaint did not state facts sufficient to constitute a cause of action. This motion was denied. At the close of plaintiff’s case a motion for nonsuit was made, on the grounds: First, that the evidence failed to show that the plaintiff had complied with all the reasonable rules and regulations of the Department of Water and Power for street main extensions, but that, on the contrary, plaintiff affirmatively showed that she failed to comply with said rules and failed to pay to the said department the sum of $1480…