Stony Hill Turnpike Road Co. v. Board of Supervisors

This is an appeal from an order granting a writ of mandate. The findings are in consonance with the allegations of plaintiff’s petition for the writ, and, in effect, are as follows: The plaintiff was a corporation duly organized December 26, 1877, under the provisions of the laws of this state providing for the construction of toll-roads, and its period of existence was fixed in its articles of incorporation at the term of twenty-five years; that plaintiff, about said time, constructed a toll-road in Placer County, California, commonly known as the Stony Hill Turnpike, and ever since has been and now is the sole and exclusive owner and in the possession thereof, using the same as a toll-road, and collecting tolls therefrom; that the board of supervisors of Placer County, from time to time, fixed its rates of toll, and the thirteenth day of January, 1888, was the last time said board established said rates; that plaintiff demanded of said board, on April 27, 1889, that it fix and re-establish said rates of toll, but said board refused, and still refuses, so to do; that on January 11, 1890, said board rescinded the said order of *633 January 13, 1888, and no other order has been…