Works

— The defendant contends that all the questions arising on this appeal, except that of former recovery, are precisely the same which were adjudicated by this court, and are claimed to have been decided against the plaintiff on the former appeal: San Francisco v. Spring Valley Water Works, 39 Cal. 473 . But we are of a different opinion. On the former appeal the only questions before us were: first, whether the court below properly refused to grant a temporary injunction; second, whether the court erred in sustaining the demurrer to the complaint. On the first point we affirmed the order denying the injunction, and decided that, inasmuch as the complaint contained no sufficient averment to the effect that water had been introduced into the city and county by any other person, it was not incumbent on Ensign and his associates, or their successors, until the happening of that event, to furnish water free of charge for general municipal purposes, exclusive of that required for the extinguishment of fires.. We held that such a duty would in no event arise until the happening of that event, if it should occur, and that the complaint failed to aver that the event had transpired. On this…