Peters

This is an action to condemn a strip of land for the alteration of a public road by widening the same. The action was dismissed as to H. N. Peters, and judgment condemning the land for the purpose mentioned was" entered. Defendant William Peters appeals from such judgment and from the order denying his motion for a new trial.

The demurrer to the complaint was properly overruled. We cannot concur in the view that widening a public highway is not a public use. (Code Civ. Proc., sec. 1238, subds. 3, 4; Pol. Code, sec. 2681; County Government Act, sec. 25, subd. 4 (Gen. Laws 1903, p. 121).) The nature of the alteration, the location, general route, and termmi, the description of land sought to be taken, and its relation to the larger parcel of which it was a part, are fully set forth in the complaint, and in the map attached to and made a part thereof by express reference, as well as by the law. (Code Civ. Proc., sec. 1238; San Francisco etc. R. R. Co. v. Gould, 122 Cal. 603 , [ 55 Pac. 411 ].) There is no force in the contention that the facts pleaded do not show that sections 2688 and 2689 of the Political Code were complied with. It appears from the complaint that a hearing was…