Shaw

Rehearing denied.

I dissent from the order denying a rehearing of this cause, upon the grounds stated in the following opinion upon the case, originally prepared by Commissioner Searls, which I think is correct, and should have been adopted by the court.

This is an action to restrain the San Diego Water Company (a corporation organized and existing under the laws of the state of California, and engaged in the business of supplying and selling water to the inhabitants of San Diego for domestic and other purposes) from turning off and refusing to supply the plaintiff with water for domestic purposes, and for the purpose of irrigation. Plaintiff had judgment from which defendant appeals.

The cause was submitted to the court upon an agreed statement of facts, from which it appears that plaintiff has a residence in the city of San Diego, and two city lots, aggregating one hundred feet front, upon which he resides. He has obtained water for domestic purposes and irrigation of said lots from defendant. In 1894 defendant, on its own motion, and without the request of plaintiff, under an ordinance of the city of San Diego establishing water rates for the year ending June 30, 1895, placed a meter in the…