McNeil

By this action plaintiffs sought and obtained an injunction restraining the defendant from improving Huntington drive, a public street of the defendant, the city of South Pasadena. The public highway sought .to be improved consists of two parallel driveways separated by a strip of land eighty feet in width owned by the defendant, Pacific Electric Railway Company as a private right of way for its four-track railway system which leads from the city of Los Angeles to the city of South Pasadena. All of this eighty-foot strip, saving where it crosses intersecting highways of the city of South Pasadena, is owned in fee by the Pacific Electric Company. Over the intersecting streets it holds a franchise for its right of way. In October, 1910, the application of the Pacific Electric Railway Company for a franchise to carry freight over its right of way on Huntington Avenue in the corporate limits of the city of South Pasadena was granted and a contract was entered into between the city and the railway company by which the latter agreed that it would at its own cost and expense pave one-fourth in area of each sida of Huntington drive immediately adjoining its right of way for the entire…