Reynolds

The court sustained defendant’s demurrer to the amended complaint, and thereupon judgment was entered for defendant. Plaintiff prosecutes this appeal from the judgment, and contends that the demurrer was improperly sustained.

The complaint alleges that plaintiff is the owner of a lot sixty feet in depth fronting forty-two feet on the southerly line of Union Street, between Hyde and Larkin streets, in the city of San Francisco; that the franchise of defendant required it to construct and operate its cable railway as nearly as possible in the center of the street, but that, in violation of its franchise, it forcibly intruded upon said street and the southerly half thereof, and constructed its tracks and subways so that the southerly track and subway was constructed, and ever since has been maintained and operated, within four feet and two inches of the southerly sidewalk of said street in said block, and about eight feet southerly of the line where it would be if constructed as required by its franchise; that the maintenance of said track as aforesaid has for two years next preceding the commencement of the action “and does still deprive plaintiff and her tenants of the use of the…