Main Street & Agricultural Park Railroad v. Los Angeles Traction Co.

SMITH, C.

The action was brought to recover money alleged to be due by written contract. The judgment was for the plaintiff. The points relied on for reversal are insufficiency of the complaint and of the findings, and error in sustaining demurrers to two affirmative defenses set up in the answer. In the view we take of the case it will be unnecessary to consider any but the last of these grounds.

At the dates hereinafter mentioned the plaintiff was the owner of a street railroad in the city of Los Angeles along Main street; and the defendant was the owner of a franchise for a railroad along…