McClintock v. Hudson

SHAW, J.—

Judgment was given in the court below in favor of the plaintiff. The defendants moved for a new trial, and their motion having been denied, they now appeal from the order denying the same.

The complaint alleges that the plaintiff is the owner of a certain tract of land in Los Angeles County, and of all the subterranean water flowing therein and percolating through the soil thereof; that the plaintiff has made an excavation and constructed a tunnel, whereby a portion of the subterranean waters percolating through the soil is collected; that the excavation and the tunnel and the waters…