City of Fresno v. Fresno Canal & Irrigation Co.

— This action was brought by the city of Fresno in its corporate capacity to obtain a decree abating as a nuisance a certain ditch or canal, owned by the Fresno Canal and Irrigation Company, and which runs through parts of certain streets of said city. The Fresno Milling Company, who had purchased water from the ditch of the other defendant, and *181had built a large flouring mill on the banks of the canal, was also made a party defendant. The court declared the canal a n uisance per se, and ordered it to be entirely abated, that is, filled up and entirely destroyed. From the judgment and from an…