Garrison
Garrison v. North Pasadena Land Etc. Co.
Opinion
Lead Opinion
Melvin, J.
This was an action for an injunction to prevent respondent from cutting off a certain water supply to which appellants asserted a right as consumers upon the tender of the proper compensation therefor. The appeal is upen the judgment-roll alone from a judgment adverse to plaintiffs who take the position that the findings do not support the judgment.
The court found that defendant was not a public service corporation within the meaning of the constitution and statutes of the state of California, but that at all times since its incorporation it has been a private mutual corporation organized for the purpose of supplying water to its stockholders and not to the general public; that under the .articles of incorporation and rules of said defendant the water to he distributed by it was to be used upon the Painter & Ball tract in Los Angeles County containing about eighteen hundred acres and that the applicants for use of such water should hold such proportion of the stock of the company as the acreage to be supplied might bear to the whole tract. It was also found that in sales of land in said tract it was customary to value and sell the land and stock together; that none of the…