Town of St. Helena v. San Francisco, Napa & Calistoga Railway

The petition was for a writ of mandate to require respondent to lay the street pavement along its tracks in a public street of petitioner as demanded by an ordinance duly passed by said town. The trial court held the ordinance invalid as impairing the contract created by the franchise of the railroad, and therefore sustained a general demurrer to the petition. The appeal is from the judgment of dismissal following the order sustaining the demurrer. The provisions of the franchise which are directly involved in this consideration are as follows:

"1. That the said grantee, his heirs, or assigns,…