Palermo L. W. Co. v. Railroad Commission

Certiorari to review an order of the railroad commission. Palermo Land and Water Company (hereinafter termed the “Palermo company”) was incorporated in 1888. It acquired a tract of land, known as the Palermo Colony, situate in Butte County, and also the right to divert water from the south fork of the Feather River. It acquired or constructed canals, ditches, and the necessary appurtenances for conducting such water upon the lands in said Palermo Colony for purposes of irrigation. It has offered for sale and sold certain lands in said Palermo Colony, the conveyance in each case containing a provision for supplying water. Security Investment Company, a corporation (which, for brevity, we shall call “investment company”), is the successor in interest of purchasers of three lots thus sold by the Palermo company. Said investment company demanded of the Palermo company that it furnish water for said lots. The demand was refused. Thereupon the investment company applied to the railroad commission for an order requiring the Palermo company to. furnish said water. The application was resisted, and after a hearing an order was made requiring said Palermo company to supply the water as…