Buffums'

This is an action for damages caused by the breaking of appellant’s water main, thereby flooding the basement of respondent’s building and causing loss and injury to said building and to the property of respondent contained therein.

Briefly stated, the facts are as follows: During the years 1923 and 1924 appellant was supplying water to the City of Long Beach, and for that purpose was maintaining an eight-inch water main in the alley in the rear of respondent’s building, through which it distributed water to its consumers. On the 27th of April, 1924, there was a breach in said water main from which a large volume of water found its way into respondent’s building causing damage to the basement of said building and to the property contained therein. Some time prior to the break, a connection had been made with the main in said alley at a point behind respondent’s building and it was at this place that the break occurred.

Appellant admitted by its answer that it had the management and control of the said main and caused to flow through it a great quantity of water under high pressure.

At the trial of the case respondent produced proof of the breaking of the main and the resultant…