Hensley

The court below sustained a general demurrer to the complaint, and rendered judgment for defendant. From this judgment plaintiff appeals.

It is averred that defendant is a corporation organized and existing “under and by virtue of the Political Code of the state of California, made and provided for the formation and organization of reclamation districts”; and that plaintiff is the owner of a certain tract of land included within the district for the reclamation of which defendant was organized. The gist of the alleged cause of action is, that while the defendant was bringing a “ditcher” upon the land of plaintiff for the purpose of constructing a canal through said land, the defendant “negligently and carelessly cut through a levee upon said land of plaintiff .... and negligently and carelessly destroyed a certain trough or sump connected with the pumping plant of said plaintiff, .... and thereby prevented said plaintiff from drawing off *97 from said land the water which annually collected thereon during the wet season,” and that “by reason of such negligence of defendant” water collected and remained on said land and destroyed a number of fruit trees, to plaintiff’s damage in…