Reports of Cases Determined in the Supreme Court of the State of California (Volume 117) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... FRANCHISE (Continued.) maintain, and operate a street railroad along fire streets Darned therein; that no part of the right of way or franchise granted has been abandoned; that the defendant company has acquired the same by assignment; that the work of constructing the street railway was not commenced within one year after the franchise was granted, but that thereafter street railway tracks were constructed along two of said streets only, and that no acts have been done toward operating a street railway thereon, except that a single car is run once a day along sa d tracks, not to accommodate the public or to carry passengers, but to hold the franchise, and that defendant has never attempted to operate the road as and for the purpose of accommodating the public, is not ambiguous, nor does it unite two or more causes of action, but states a single cause of action to enforce a forfeiture of the franchise for failure to construct and operate the street railroad in accordance with the terms of the grant.--Id. 3. Extension Of Time To Complete Track--Power Of Supervisors--Failure To Abandon U.nconstructed Parts.--The time within which the construction of the track must be completed is fixed by section 502 of the Civil Code; and, under that section (as it stood prior to the amendment of 1895), no different period could be fixed by the terms of the grant of franchise, nor had the supervisors any power to extend the time, nor to fix a limit within which the time prescribed in the statute should not commence to run; and, where the streets are not graded in time, the ungraded parts mnst be abandoned with consent of the board, else the franchise is Bubject to forfeiture.--Id. 4. Power To Grant Franchise--Statutory Limitation.--No valid franchise can be granted by the ...