Municipal Corporations—Ordinance Requiring Railway to Pave Street—Impairment of Franchise.—A town ordinance which requires a railway company to grade and pave the street along and between its tracks with the same materials and in the same manner as the rest of the street is graded and paved by the municipality, with further requirements as to the foundation and surfacing of the pavement to meet the added strain and stress of traffic along the tracks, does not impair a provision in the franchise of the railway company “that said grantee, his heirs or assigns, shall grade said street and maintain the same in proper repair in the same manner as the remainder of said streets shall be required to be graded or kept by the said town,” especially when the franchise has been granted “subject to all laws or municipal regulations now in force, or that may be hereafter enacted relating to the control - or use, digging in or occupying of the public streets.”

Id.—Provision in Franchise for Grading and Maintaining Streets —Interpretation.—Such provision in the franchise, requiring the railway company to grade and maintain its portion of streets like the remainder of the thoroughfare, is not a limitation of the power of the municipality, but rather a limitation upon the power of the railroad company, and any doubt about authority in the premises must be resolved in favor of the municipality.

Id.—Purpose of Regulations—Protection of Public.—It must be assumed that such regulations were adopted to ‘promote the safety of the streets and the security of the public.

Id.—Regulation of Use of Streets—Power of Municipality.—Such regulations come within the general rule that a municipality may make any reasonable and necessary regulation as to the manner in wfiieh the tracks of a railroad company shall be constructed and the condition in which they shall be maintained.

Id.—Manner of Paving by Railway -Company—Power of Municipality to Prescribe.-—Since_ the railway company agreed in its contract to pave along its tracks, and there is no provision in the agreement -as to the manner in which the ties shall be laid, or the concrete foundation placed, or the rails secured to the ties, or what character of rails shall be used, or whether or not paving shall be used, under the power in reference to the streets accorded to the municipal agents, they have full authority to make all necessary and reasonable regulations concerning the same.

Id.—Street Railway—Duty to Pave Street—Code Requirement.— Where a franchise is granted to a street railway company under section 498 of the Civil Code, it must plank, macadamize or pave the street, used by its track, between the rails and for two feet on each side thereof, in such manner as the proper municipal authorities may direct, irrespective of whether the terms of the franchise require such paving. *