McCarthy

J.—The action was brought in the superior court of the county of Merced to restrain defendants from constructing a steel bridge over the Merced river in said county.

The court below sustained a demurrer to the complaint for the insufficiency of the facts to constitute a cause of action. Plaintiff declined to amend his complaint, and judgment was thereupon rendered in favor of defendants and plaintiff has appealed.

The facts alleged in the complaint, which we deem necessary for an understanding of the case, are as follows: A petition of the taxpayers of said county was presented to the board of supervisors of said county praying for the construction of a bridge at a ■ certain point over Merced river, in Merced county. At a regular session of said board, held on the 9th of July, 1909, an order was duly made by said board directing the county surveyor to submit plans and specifications for the construction of a steel bridge at the designated point and to have the plans ready for the next regular meeting of said board in July. The plans and specifications were prepared by the surveyor and submitted to the board, and were regularly accepted and adopted by said board on July 19, 1909.…