Shaw

This suit was brought by the plaintiff to enjoin the water company, a corporation engaged in supplying the city of San Diego and its inhabitants with water for domestic and other purposes, from shutting off and refusing to supply the plaintiff with water. Plaintiff had judgment, and the defendant appeals therefrom. The cause was tried upon an agreed statement of facts, which is set out in a bill of exceptions. Plaintiff owns two city lots, having a frontage of 100 feet, with a dwelling thereon, in which he and his family, consisting of eight persons, reside. The house contains one bathtub and two water-closets. Ordinance No. 295 of said city, fixing the water rates for the year beginning July 1, 1895, among other things provides the rates to be charged for the following uses: Section 1 (subdivision 1) : “Bathtubs in private residences, 25 cents each per month.” (4) “Water-closets in private residences, 25 cents per month.” (17) “Dwellings, tenement houses, flats and other apartments, the same being occupied by not more than three persons, $1.00 *810 per month, and for each additional person 15 cents per month.” (25) “Irrigation of lawns, etc., one cent for every front foot per…