Gardner

This action was originally commenced in the justice’s court by the plaintiff corporation to recover from the defendants the sum of $36.37 for water furnished and delivered to the defendants from the water system of the plaintiff.. The case was tried in the justice’s court and plaintiff obtained judgment in the sum of $32.50. Thereafter the case was appealed to the superior court on questions of law and fact and tried anew, the superior court rendering judgment for $32.50 and costs in favor of the plaintiff. This appeal is brought here from the judgment of the superior court by defendants on the theory that the title of real property is involved in the action. It has several times been held that water diverted from a natural stream into ditches and reservoirs is, when so contained in said ditches and reservoirs, the personal property and not the real estate of the owners thereof. (Riverside Water Co. v. Gage, 89 Cal. 410 , [ 26 Pac. 889 ] ; McGuire v. Brown, 106 Cal. 660 , [ 39 Pac. 1060 ].) The only matter presented in the justice’s court and in the superior court related to the water furnished after it had been diverted by the water system of the plaintiff. This in no way…