Lyford

In January, 1873, Mrs. Lyford, wife of the plaintiff, owned, as her separate property, a tract of land in Marin County, known as Strawberry Point. At that time, plaintiff and his wife contracted with the defendant to convey to it a right of way for its railway along a designated line, in consideration of one dollar and the mutual covenants contained in said contract.

Several covenants were contained in the contract, to be performed by defendant.

It would build its road within two years, and thereafter maintain and run regular daily passenger and freight trains to and from San Francisco to San Rafael; maintain a depot at a point designated; erect and maintain' five passage-ways for cattle, four under the track and one by a bridge over it; and carry at all times upon its *95 regular passenger trains and ferries, to and from San Francisco, said Lyford, his wife and children, free from charge, during the lifetime of said Lyford and wife, or either of them.

The railroad was built, and run as agreed until February 19,1884, when the defendant ceased to use the right of way, took up the rails, and removed its road some distance from plaintiff’s land; and since has declined to carry…