Colgrove

Action for personal injuries. Appeal by defendants from the judgment, and an order denying a new trial.

Appellants, as copartners doing business under the name of the Citizens’ Water Company of Pomona, obtained from the city of Pomona, by ordinance, a grant or franchise to dig trenches and lay pipes in the streets of the city, for the purpose of selling to and supplying, its inhabitants with water.

Afterwards, on June 1, 1889, appellants contracted with M. O’Neill and Frank Osier to dig and fill the trenches for the pipe at a specified price per hundred feet, a part to be two feet wide; and part twenty inches wide, and all thirty inches deep. The contract contained the following clause: “Said ditches to be filled as required by city ordinance, all road crossings to be properly tamped and kept in repair for sixty days after the completion of the work. Parties digging ditch to be responsible for all damages resulting by reason of injury to, or breaking of, any pipes owned by other persons.”

*223 The ordinance required the grantee (appellants) or its assigns, immediately after laying the pipes, to restore the streets to their former condition, and have the same in as good repair…