Craycroft

This is an original proceeding in which the petitioner asks the issuance of a writ of mandate to the respondents, commanding them to act upon its petition for leave to extend its railway track through the city of Fresno, and across and along certain streets and lands of said city.

The petitioner is a corporation organized and existing under the laws of California, and by its incorporation authorized and empowered to construct, maintain, and operate a steam railway for the transportation of passengers and freight from a point at or near the bay of San Francisco in a line generally easterly and southeasterly to a point at or near the city of Bakers *546 field in Kern county, a distance of about three hundred and fifty miles. The route of the road as laid out passes through the city of Fresno, and the petitioner has already constructed a section twenty miles in length on such proposed route between Stockton and Fresno. It is necessary for the proper and successful operation of the road that it should be constructed as laid out, and this involves the right to pass through the city of Fresno upon a line and over and across the streets particularly designated in an application which…