Pires

This action was brought to enjoin defendant from interfering with the repairing of a certain culvert, and to restrain him from destroying or filling the same in with earth, and for damages. ' Defendant appeals from the judgment and from an order denying his motion for a new trial.

Plaintiff owned land adjoining defendant on the west. There *664 was a county road some distance to the east of plaintiff’s land. Plaintiff and defendant were accustomed to reach this road by means of a private road commencing at the northeast corner of defendant’s land and running thence east along the northern boundary of and on defendant’s land out to said county road. One Eeynolds owned a tract of land adjoining the lands of both plaintiff and defendant on the north. All these several tracts were composed of bottom lands near the bay of San Francisco, nearly flat, but with a slight slope to the south of several feet to the mile. In the rainy season great quantities of water fall upon this land, and this water, as observed by witnesses, for upward of twenty years has been accustomed to flow from the Eeynolds land through slight natural depressions in a southerly direction across the private road…