Voorheis

Plaintiff brought the action to have the defendant railroad corporation restrained from performing certain acts in connection with the operation of its railroad. Defendants filed general and special demurrers to the complaint, which were sustained. Plaintiff elected to stand upon her complaint, and judgment was entered against her for costs, from which judgment she prosecutes this appeal.

The complaint alleged: That plaintiff was and .is a óitizen, 'householder, freeholder, and taxpayer of the city of Modesto, in Stanislaus Countj-; that the defendant, Tidewater Southern Railway Company, is a corporation organized under the laws of the state of California, “and, the direct successor in interest of the Tidewater and Southern Railroad Company”; that the city of Modesto is a municipal corporation; that on or about May 17, 1911, the city of Modesto granted to said railroad company a franchise whereby it was granted the right’ and privilege of constructing, maintaining, and operating a railroad over certain streets and alleys in said city. A copy of said franchise is attached to and made a part of the complaint. It was then alleged that said railroad was to be constructed of standard…