Kellett

This appeal is from a judgment and order refusing a new trial.

The action was brought to obtain an injunction, perpetually enjoining and restraining defendants from asking, demanding, or collecting any toll for or on account of the use of the toll road of the corporate defendant as a highway, or in any way interfering with such use either by the plaintiff, his grantees, or by his or their agents, tenants or employees, or any other person using the road for the purposes or business of plaintiff’s . ranch, and for one hundred dollars damages.

Plaintiff avers that he is the owner" of the Habishaw ranch in Sonoma County, which land in 1874 was owned by one Habishaw; that in November of that year the corporation defendant entered into an agreement with Habishaw, whereby Habishaw agreed to grant it a right of way over said ranch for its toll road, in consideration of a perpetual right to use said road free of toll as a highway for all purposes of said ranch; and said defendant agreed with Habishaw as the owner of said ranch that it would allow him, his grantees and all of his or their agents, tenants and employees, and all other persons engaged in any business connected with said…