Riverside Heights Water Co. v. Riverside Tr. Co.

The record presents appeals by the defendant Riverside Trust Company, Limited, from the judgment and from an order denying its motion for a new trial. The only parties to the appeal are the said Riverside Trust Company, Limited, and East Riverside Water Company, both of which corporations were made defendants to the original action. The East Riverside Water Company filed a cross-complaint, which was answered separately by the Riverside Trust Company, Limited. Upon the trial it was stipulated that the court should hear and determine but one question, a question involving only the respective rights of the two last-named corporations. The other parties to the action are not interested in this appeal. The court was asked to determine the amount which the East Riverside Water Company should pay as its proportion of the expenses of maintenance and taxes of a canal managed and controlled by the Riverside Trust Company. For the sake of brevity, the East Riverside Water Company is hereinafter designated as the “Water Company” and the Riverside Trust Company, Limited, as the “Trust Company,”

In order to give a clear understanding of the issue and the questions arising thereon, it is…