Merrill

Merrill v. Southside Irrigation Co.

Good Law
112 Cal. 426·1896 Cal. LEXIS 696·44 P. 720
Supreme Court of CaliforniaApril 15, 1896L. A. No. 112California2,049 words

Opinion

Lead Opinion

Searls, J.

Mandamus proceeding to compel the defendant, a corporation, to furnish to plaintiff water to irrigate plaintiff’s land, to wit-: the west one-half of the southeast quarter of section 2L, etc., to the extent of one-half the flow of a twenty-two-inch round pipe, twice per month, for thirty-six hours each time, once on or about the first day of each month, and once on or about the fifteenth day of each month, upon tender by plaintiff to the defendant of the reasonable and customary charges for said water.

Plaintiff had judgment in consonance with the prayer of her petition. The appeal is from the judgment and from an order denying a motion of defendant for a new tri al.

Defendant is a corporation organized under the laws of the state of California. The objects of the corporation as expressed in its articles of incorporation are: “To care for and manage the water and sewage flowing through any or all of the sewers of Los Angeles city, *429 and to enter into and make an agreement or contract with the city of Los Angeles relating to the care and management of the water and sewage flowing through any or all of the sewers of said city, and flowing in or through any ditch or zanja of…

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