Moore

The defendant, San Vicente Lumber Company, operates a saw-mill upon land owned by it in the county of Santa Cruz. In connection with its mill it maintains a pond which it has created by the construction of a dam iipon its land.

The plaintiff is the owner of adjoining lands, of which a part lie immediately below the dam. This action was brought to enjoin the maintenance of the pond, and to recover damages for injuries alleged to have been occasioned by it and by a breaking of the dam to plaintiff’s land. Trial was had before a jury, which returned a verdict in favor of the defendant. The court adopted the verdict, and also made find ings, upon which it entered judgment in favor of the defendant. The plaintiff appeals from the judgment.

The complaint was in two counts. The first alleges that the construction of the dam backed up the water and flooded a part of plaintiff’s lands; that, owing to defective construction, the dam broke in the winter of 1911 and flooded the lower land of plaintiff, depositing thereon a quantity of debris and a number of logs; that, in the removal of the logs, the land was injured greatly; and that, by reason of these occurrences, plaintiff has been…