Los Angeles Water Co. v. Los Angeles City

Citations

• 55 Cal. 176

Syllabus

<p>Construction of Contract—Water Company—Sprinkling of Streets.— In a lease of the Los Angeles Water Works, hy the defendant to the plaintiff, it was provided that the plaintiff should not dispose of water for purposes of irrigation, but should only take from the river the water necessary for domestic purposes. The defendant took water from the plaintiff’s pipes for the purpose of sprinkling the streets of the city: but, while this was done, the plaintiff had on hand of the waters of Los Angeles River more than sufficient for supplying the inhabitants of -the city with water for domestic purposes. In an action by the plaintiff to recover from the defendant the value of the water taken, held, that the plaintiff was only entitled to receive pay for water furnished to the inhabitants of the city for domestic purposes, and that it had no right to the surplus.</p>