Frederick

This action was brought to condemn a right of way over defendant’s lands for an electric power line. The ease was tried with the aid of a jury, and a verdict rendered fixing the amount of defendant’s damages at $450. Judgment was accordingly entered in favor of plaintiff as prayed and fixing the damages for the right of way at the sum so found by the jury.

Defendant prosecutes this appeal from the judgment and order.

The first contention made by defendant is that the court erred in overruling his demurrer to the complaint. His argument is that the complaint does not show that the use for which it is sought to condemn the property is a public use. The Code of Civil Procedure provides (section 1238) as follows:

“Subject to the provision of this title the right of eminent domain may be exercised in behalf of the following public uses ...

“12. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes and outlets natural or otherwise for supplying, storing, and discharging water for the operation of machinery for the purpose of generating and transmitting electricity for the supply of mines, quarries, railroads, tramways, mills and factories with electric power; and also for…