People ex rel. Redemeyer v. Anderson and Ukiah Valley Road Co.

Citations

• 76 Cal. 190
• 18 P. 308
• 1888 Cal. LEXIS 855

Syllabus

<p>Wagon Road—Tolls cannot be Collected aster Expiration oe Franchise. — Tolls cannot be collected on a wagon road after the expiration of the time for which the franchise to collect tolls was granted.</p> <p>Id.—Action to Restrain Collection oe Tolls — Pleadings—Findings. — In an action to restrain the collection of tolls on a wagon road, an allegation in the complaint that the road is a public highway will be considered, in the absence of a special demurrer, as an averment of an ultimate fact; and it is sufficient to sustain a judgment for the plaintiff if the fact be found in the same language.</p>