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The plaintiffs, who owned certain land near the City of San Bernardino, brought this action for the purpose of recovering for damages sustained through the overflow of sewage upon their land. Prior to 1906 the defendant city had discharged its sewage in Warm Creek, which flowed through said city and also through plaintiffs' lands. This method of sewage disposal having become unsatisfactory, on March 19, 1906, the city entered into a contract with one Gregory, under which it was agreed that he would pay $100 a year for the exclusive use of all sewage from the city, the same to be used by him on certain lands situated below the lands belonging to the plaintiffs. Gregory agreed to take and remove this sewage from the existing city sewers at a point near the city limits, and to convey the same by means of a good and sufficient vitrified pipe-line to his own premises. On January 31, 1907, a new agreement was entered into between the city as one party and Gregory and one Langford as the other party, under the terms of which the city was given an easement in an existing pipe-line, which was referred to as “the Gregory and Langford pipe line”, and the city was to have the perpetual right…