Fletcher

Under proceedings had by the board of supervisors of the city and county of San Francisco, a contract was let to the defendant Prather for the construction of a sewer constituting an outlet of a system of sewers in that part of the city known as the Richmond district. The proposed sewer, or a considerable portion of it, is not to be constructed in a public street, but in private lands, the right of way for which has been granted by the owners. Fletcher, the appellant here, is the owner of lands within the assessment district, upon which the cost of constructing the sewer would be assessed, and brought this action to enjoin its construction.

*417 The several defendants demurred to the complaint, the demurrers were sustained, and the plaintiff declining to amend his complaint, judgment was entered dismissing the action, and from that judgment he appeals.

The principal contention of appellant is that the statute under which the work was ordered is invalid.

Section 24 of an act approved March 18, 1885 (commonly known as the Vrooman act), authorized the construction of sewers “upon or in any street, lane, alley, court, or place in such city,” but did not enumerate among the places…