Fortain

Action to restrain and enjoin defendants from maintaining a ferry.

The complaint alleges that the board of supervisors of Del Norte county, in July, 1891, granted to plaintiff and one William T. Bailey a franchise to establish and maintain a public toll ferry, at a certain point on the Klamath river, in said county, on the line *495 of travel between that county and the county of Humboldt—said franchise to run for a period of twenty years from the granting thereof; that in accordance with the franchise so granted the ferry was duly established in the year 1891; that thereafter, and prior to the 1st of January, 1895, plaintiff became the sole owner of said ferry and franchise, by purchase from Bailey of all the latter’s rights and interest therein; and that ever since he has remained such owner, and has maintained, operated, and conducted said ferry, and has expended large sums of money in equipping the same with boats and other apparatus, etc.

That in August, 1895, the defendants wrongfully and without authority established a ferry for the carriage of passengers and freight on said river contiguous to and within one mile of plaintiff's said ferry, and has since, without right or…