People v. Volcano Canyon Toll-Rd. Co.

This action was brought to have a certain road in Placer county declared a public highway, and to enjoin defendant from collecting tolls thereon. Plaintiff had judgment; and defendant appeals from an order.denying a new trial.

It is averred in the complaint that defendant claims and is exercising the franchise of collecting tolls for the privilege of traveling upon and passing over the road, and is maintaining toll-gates, thereby obstructing the road, and preventing its use and enjoyment by the public, except upon condition of paying toll to the defendant; further: “ That for more than six months last past defendant has had no franchise or right to demand or take toll from passengers or travelers upon said road for the privilege of passing over or along the same with their animals or at all, or to establish or maintain any toll-gate or other gate or obstruction thereon,” etc.

The answer admits, by not denying, that the defendant claims and is exercising the disputed franchise, but denies that it is doing so without right; and avers thát the board of supervisors of the county granted defendant a franchise to collect tolls upon the road which has not expired.

• This being an…