88 P. 286 | Cal. Ct. App. | 1906
This action was originally commenced in the justice's court by the plaintiff corporation to recover from the defendants the sum of $36.37 for water furnished and delivered to the defendants from the water system of the plaintiff. The case was tried in the justice's court and plaintiff obtained judgment in the sum of $32.50. Thereafter the case was appealed to the superior court on questions of law and fact and tried anew, the superior court rendering judgment for $32.50 and costs in favor of the plaintiff. This appeal is brought here from the judgment of the superior court by defendants on the theory that the title of real property is involved in the action. It has several times been held that water diverted from a natural stream into ditches and reservoirs is, when so contained in said ditches and reservoirs, the personal property and not the real estate of the owners *358
thereof. (Riverside Water Co. v. Gage,
The appeal is therefore dismissed.
Smith, J., and Allen, J., concurred.
The petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on December 13, 1906.