Lowe

This is an appeal on the judgment-roll alone from a judgment rendered upon the verdict of a jury awarding plaintiff $599, actual damages, and $500, exemplary damages, for failure to deliver water to the plaintiff for the irrigation of certain lands consisting of forty-two acres in Tolo county.

Appellant declares that “the sufficiency of the complaint and the right of plaintiff to recover exemplary damages are the only questions involved on the appeal.”

1. The first point urged against the complaint is based upon the principle that prior users have a preferred claim to the' waters supplied by a corporation organized for the sale and distribution of water, and, therefore, it is contended plaintiff must allege that the defendant has sufficient water to supply plaintiff’s wants “after all other consumers theretofore applying as well as theretofore supplied, or who had contracts with the defendant for the supplying of water, had been fully supplied.”

The claim is made by virtue of section 552 of the Civil Code, which provides that “Whenever any corporation, organized under the laws of this state, furnishes water to irrigate lands which said corporation has sold, the right to the…