Drew

Appeal from the judgment and an order denying defendants’ motion for a new trial.

*441 This case and the case of Drew v. Cole (No. 19,143, filed February 4, 1893, 3 Cal. Unrep. 765 , 32 Pac. 229 ), were tried together in superior court and decided upon the same evidence. In Drew v. Cole, findings and judgment were for defendants, and upon appeal the judgment was affirmed, and a petition for rehearing denied. For a description of the premises of the respective parties, and a general statement of the facts involved, see Drew v. Cole, supra.

The complaint in Drew v. Cole was filed October 14, 1891, and in this case the complaint was filed November 9, 1891. The cases were different as to the specific relief sought, though depending largely upon the same facts and involving in the main the same questions of law. That case was brought to enjoin the defendants from constructing a bulkhead in a wash or ravine in Colton avenue, which separates the lands of plaintiffs and defendants, whereby the water would be prevented from flowing down that avenue, and would be turned, as was alleged, upon the premises of the plaintiffs. The defendants answered, and also filed a cross-complaint alleging…