Carter v. Meuli

Citations

• 122 Cal. 367
• 55 P. 138
• 1898 Cal. LEXIS 588

Syllabus

<p>Toll-road Franchise—Vacation or Public Highway—Private Eights. The vacation of a public highway over the line of a former toll-road, the franchise of which had expired, operated to destroy the road as a public highway, and to vest the rights of way, roadbed, bridges, and other structures in the owners of the private lands; and the right to these would not pass by a subsequent grant of a franchise to construct and maintain a toll-road over the line of the former wagon road.</p> <p>Id.—Possession or Eoad—Collection or Tolls—Presumption—Forfeiture.—One who is authorized to construct and maintain a toll-road over the line of a vacated highway, and who has been for years in possession thereof, collecting tolls according to established rates, must be presumed to have constructed the road, and, if he did not, a forfeiture could not be declared in a suit to recover tolls.</p> <p>Id.—Assignment of Franchise—Ratification.—An assignment of a toll-road franchise, which was expressly recognized by the board of supervisors, who required the assignee to give a bond as owner of the franchise, and approved and filed the bond, was thereby ratified and approved, and is not subject to the objection that the franchise was a personal trust, which could not be assigned without consent of the granting power.</p>