Wills v. City of Los Angeles

PRESTON, J.—

Plaintiff, her mother and brother, on March 28, 1899, conveyed to the City of Los Angeles for street purposes a strip of land across lots 1, 2, 3 and 4 in block E of Fort Hill tract as per official map, with the object of promoting the construction thereunder of what is known as Broadway tunnel in said city. The validity of the following provisions of said deed furnishes the sole issue upon this appeal: “1. That no right or franchise for a street railroad over said right of way be given by party of the second part, and that the same shall not be used for street railway purposes;…