Pacific Telephone & Telegraph Co. v. City & County of San Francisco

Defendant appeals from a declaratory judgment holding that plaintiff (1) “has a valid, subsisting and existing franchise from the State of California under Public Utilities Code Section 7901 [Civ. Code, § 536; Stats. 1905, p. 492] 1 to construct and maintain telephone lines in all the streets and other public places under the jurisdiction of the City and County of San Francisco” and (2) that “Defendant cannot require plaintiff to obtain a franchise from or pay franchise compensation to defendant for the right to construct and maintain telephone lines in any of the public streets or other public places located within the corporate boundaries of the City and County of San Francisco.”

*140 Questions Presented in the Pretrial Conference Order

1. Is the decision on the prior appeal (Pacific Tel. & Tel. Co. v. City & County of San Francisco (1959) 51 Cal.2d 766 [ 366 P.2d 514 ], hereinafter referred to as the prior appeal) the law of the case ?

2. Was the evidence produced at the second trial substantially different from that of the first trial?

3. Was section 536 as reenacted in 1905 superseded by section 19, article XI, of the Constitution?

4. Has section 536 been nullified by…