L.A. Ry. v. City of L.A.

Citations

• 152 Cal. 242

Syllabus

<p>Street ¡Railroads—Franchise—City Agent of State—Ordinance— General Laws.—A city in granting a street railway franchise is but an agency of the state; and if there be any conflict between the ordinance containing the grant and the general laws of the state, the latter must govern.</p> <p>Id.—Contract for Franchise — General Laws Enter Into. — Tho relative rights of a city and its grantee of a franchise for the construction and operation of a railway along the city streets are measured by the terms of their contract, of which the provisions of section 502 of the Civil Code form a part, and must be taken into account in construing the contract.</p> <p>Id.—Ordinance Providing for Forfeiture.—A provision in an ordinance of a city granting a street-railway franchise, to the effect that in ease of a failure to complete the work within the time limited tho franchise shall be forfeited, if not self-executing, is not in conflict with the provisions of section 502 of the Civil Code on the same subject, which are self-executing.</p> <p>ID.—Section 502 of Civil Code—Provisions for Forfeiture Are Self-Executing.—Section 502 of the Civil Code, providing that a failure on the part of a street-railway corporation “to comply with either of the foregoing provisions of this section, or with either of the provisions of the ordinance granting said right of way, works a forfeiture of the right of way and also of the franchise,” etc., is self-executing, and a judgment of forfeiture is not necessary to determine the franchise.</p> <p>Id.—Municipality May Forcibly Restrain Obstruction of Streets.— A street-railway company whose franchise has become forfeited and who was not in possession of the streets may be forcibly restrained by the peace officers of the city from unlawfully entering upon and obstructing the streets.</p>