Mahoney

This is an action to enforce an assessment for a street improvement. The improvement referred to is the construction of a cement-pipe sewer, with flushing-hole and cover, in Willow Avenue from Octavia to the center line of Gough Street, and in Gough Street from a point opposite the center line of Willow Avenue to Eddy Street, to connect with the sewer in the crossing of Gough and Eddy Streets. The Court gave judgment for plaintiff. The defendant moved for a new trial, which was denied, and this appeal is prosecuted from the judgment and order of the Court denying the new trial.

It is urged on behalf of the appellant that the Board of Supervisors had no authority to order the doing of the above-mentioned street work, for the reason that it included two distinct and separate streets in one and the same contract and assessment ; that the order for such work is illegal and void, having been made without authority of law.

The diagram which was in evidence, shows this condition of the streets : Willow Avenue runs perpendicularly to Gough Street, the course of the avenue being east and west, while that of Gough Street is north and south. Eddy Street is south of and parallel with Willow…