Goodsell

— This action was brought on the official bond of defendant Ashworth, as superintendent of streets of San Francisco, for the purpose of recovering from him and his sureties damages alleged to have resulted to plaintiff by reason of the neglect of duty of said Ashworth, in not seeing that a certain sewer was properly constructed, in accordance with the specifications, and in making an assessment for the work, when he knew that the specifications under which the sewer was built had been violated in material respects.

The bond, street contract, and specifications are all .set out at length in the complaint, and the particular violations of duty specifically alleged, together with the manner in which the damage resulted to plaintiff. To the complaint a general demurrer was interposed, which was sustained by the court. Plaintiff declining to amend, a judgment was entered against him for costs, from which this appeal is taken.

*398 The action is based upon section 22 of the street law (Stats. 1885, p. 160), which provides that the superintendent of streets “ shall, before entering upon the duties of his office, give bonds to the municipality, with such sureties and for such sums as…