Rubio Cañon Land & Water Ass'n v. Everett

Defendant was the owner of a tract of land in and through which, before he became such owner, plaintiff had laid an eight-inch pipe leading from the plaintiff’s well and pumping-plant, adjoining defendant’s land, to plaintiff’s reservoir, situated about a mile distant. The pipe was used by plaintiff to conduct water from its pump to said reservoir. Defendant, claiming that the pipe was maintained and used through his land without right, proceeded to tear up and remove thirty feet of the pipe and destroy eighty feet more by making holes therein. Thereupon plaintiff began this action to…