Stimson

I concur in the judgment of reversal, for the reasons which are given for such reversal in the opinion of the chief justice; but I am not prepared to concur in the whole of said opinion.

Proceeding under sections 1237 et seq. of the Code of Civil Procedure to condemn a right of way for an outfall sewer from the city of Pasadena to a tract of land outside of the city limits known as the sewer farm. Appeal by defendants from a decree of condemnation..

The city of Pasadena,—a municipal corporation in the county of Los Angeles, — for the purpose, as it alleges, of promoting the health, comfort, and convenience of its inhabitants, is engaged in constructing a system of sewerage, whereby it proposes to discharge the city sewage upon a farm distant about four and a half miles from the city limits. It has obtained from the county of Los *246 Angeles the right of way for the necessary outfall sewer along certain county roads from the boundaries of the city to a point at or near the intersection of the Monterey road and Garfield Avenue, which is the principal or one of the principal streets of the neighboring town of Alhambra. From this point the proposed route of the sewer is along said Garfield Avenue east of its center line, through the town of Alhambra, to another county road, and thence along said road to the sewer farm.

This proceeding is against the owners of lots…