Jatunn

— The sole object of this action is to obtain a perpetual injunction against the defendants, restraining them from enlarging a water-ditch running through plaintiff’s land. The case was tried by the court, and as a result of the trial, an injunction was granted restraining defendants from enlarging their ditch to a greater capacity than twelve inches in depth, fourteen inches in width on the bottom, and twenty inches *59 in width at the top, with a carrying capacity of 123 inches of water measured under a pressure of six inches.

Defendants moved for a new trial, on two grounds: 1. “That the decision of the court giving judgment for the plaintiff is against law”; and 2. “On account of errors occurring at the trial, and excepted to by the said defendants.” The motion was made on a bill of exceptions.

The court denied the motion, and defendants appealed from the judgment, and from the order denying their motion.

The findings show that the lands of plaintiff through which the ditch runs consisted of eighty acres, to forty acres of which he acquired title by patent from the United States on July 20, 1874. The other forty acres were conveyed to him by the Central Pacific Railroad…