Mesnager

Appeals from the judgment and from the order denying a new trial.

The action was for an injunction. Plaintiff alleged that he was “ the owner of a right of way, and in particular for the purpose of laying a pipe line and the erection of a dam, and the construction of ditches, and for the doing of any work necessary for the diversion of the water flowing in the Verdugo creek, over the following described land.” The land is then described. Next follows a description of the “particular right of way” claimed, which commenced at “ the point where the dam constructed by the plaintiff in 1892 was situated,” and extends over and across the land of defendants to the point where “ said pipe line constructed by plaintiff in 1892 crossed the northeasterly line of defendants’ land.”

Plaintiff then avers the interference of defendants, their preventing him “from entering upon said land and from using his right of way for the purposes aforesaid,” and his damage, and prays “that his right of way over the land described in his complaint, and in particular for ditches, dams, and pipe lines, for the purpose of diverting the water from the said Verdugo creek, *70 be declared good and valid…