Buswell

This is an action by plaintiff to compel defendant, by perpetual and mandatory injunction, to grant to all persons in the city of Oakland the right to ride upon defendant’s trains on Seventh street within said city without compensation.

Upon the twentieth day of May, 1861, the legislature of the state of California passed an act giving the power to any county, city, or town to grant to any railroad company now organized, or that might be hereafter organized under the laws of this state, the use of its streets or highways which were necessary to enable it to reach an accessible point for a depot in such county, city, or town, or to pass through the same on as direct a route as possible. By such act it was further provided: “Nor shall any railroad company who may avail themselves of the provisions of this section ever use their road for *446 street railroad purposes, or for the purpose of carrying passengers for a consideration from one point to another in the same city.” Defendant secured from the ■city of Oakland the use of Seventh street for its road under this act. And the question now presents itself: What is the true construction of the foregoing provision of that act? It…