Collins

This is an appeal from an order denying the defendant’s motion for a new trial. An appeal from the judgment was also taken and the judgment was affirmed by the district court of appeal for the second district. (Collins v. Gray, 3 Cal. App. 723 , [ 86 Pac. 983 ].)

The object of the action was to establish the plaintiff’s right to the use of a pipe-line extending through the defendant’s land for the purpose of carrying water therein to the land of the plaintiff. It is contended upon this appeal that certain of the findings are not supported by sufficient evidence.

The complaint alleges that the plaintiff is the owner of a certain tract of land containing thirty acres, together with 6.2 inches of water, continuous flow, from the water system of the Riverside Highland Water Company, which entitles plaintiff to the use of that quantity of water for irrigating said land, in such manner, under such conditions and at such times as should be fixed by the rules of the company and the custom of the water users under that system, that by the customary method of distribution the water to which land under the system is entitled, is cumulated so that instead of using the flow continuously,…