Hildreth

This is an appeal from a judgment adjudging plaintiff entitled to have his premises in the Montecito, in the county of Santa Barbara, known as the “Lorenzana Place,” supplied with water from the pipes and waterworks of defendant corporation, as. the same were being supplied at the time of the commencement of the suit, at the rate of one dollar per month, or such other reasonable rate as may hereafter be lawfully fixed for such water supply, and that defendant, its officers, etc., provided the rates be paid, be perpetually enjoined from shutting off from said premises the water supply aforesaid. The grounds urged for reversal, in addition to some alleged errors of law that will not require consideration, are that the complaint does not state a cause of action, that the judgment is not supported by the findings, and that certain of the findings are not justified by the evidence.

The objection to the complaint is, in effect, that it is not sufficiently alleged that the waters controlled and managed by the defendant have been appropriated or dedicated to public use. But it is so, in terms, alleged; and, though the facts might have been more specifically stated, the complaint, in the…