This appeal is by the defendant company and was referred to in our opinion in the same case No. 1113, Stephens v. Lemoore Land & Irrigation Co., ante, p. 579, [135 Pac. 707], this day decided. The questions here presented are the same as were considered and decided in No. 1113 and, for the reason there given, the judgment and order are affirmed.

Burnett, J., and Hart, J., concurred.