Burris

The defendant is the owner of a canal or ditch used to convey water from Kings river for the *251 purpose of irrigation. This ditch was constructed in 1875, is about twenty miles long, and in its course crosses two sections of land owned by the plaintiff.

The complaint charges that in December, 1887, the defendant widened and deepened the ditch upon plaintiff’s lands, and prays for a mandatory injunction to compel the defendant to restore the ditch to its former condition.

The defendant answered, and the issues were tried by the court, and upon the findings made judgment was entered for the defendant. This appeal is by the plaintiff upon the judgment-roll.

The court found that when said ditch was constructed across section 14 it had a width on the bottom of about twenty-five feet, was a little wider at the top, and was about six feet in depth from the surface of the ground, and from the top of the embankment about ten feet; that on section 26 the ditch was about thirty feet wide on the bottom, was about two feet in depth below the surface of the ground, and from the top of the embankments its depth was about four feet, and that said ditch is no wider now than when first…