Frost

This is an action to enjoin the city of Los Angeles and certain officers constituting its board of public service from continuing to supply water from the Los Angeles aqueduct to its inhabitants for domestic uses. The court, after an elaborate trial, gave findings and judgment for the defendants. The plaintiff appeals.

The complaint sets forth that the city has constructed an aqueduct whereby it carries water from the Owens Eiver, in the counties of Mono and Inyo, for a distance of two hundred miles to Los Angeles, and there distributes the same for domestic use to its inhabitants, including the plaintiff and his family; that said water is polluted and unfit for human consumption and that the city is so furnishing it without having obtained any permit to do so from the board of health of the state of California. The claim of the plaintiff is twofold. First, that the supplying of unfit water, such as that described, for domestic use, is per se a public nuisance, and, second, that the city is without authority to furnish any kind of water for public use unless it has.first obtained a permit . from the state board of health. For the latter point plaintiff relies on the statute…