This is a proceeding in the nature of an information to restrain the defendant from collecting tolls on a wagon road. The court below gave judgment for the plaintiff, and the defendant appeals, the case coming up on the judgment roll. The findings show that the defendant acquired its right from one John Gschwend, who acquired the right to construct and maintain a toll-road under an order of the board of supervisors on May 19, 1868. This order was made in pursuance of a special act of the legislature, which provided that the board could grant a franchise “for any term not more than fifteen years from the date of said charter.” (Laws 1867-68, p. 350.) The fifteen years having expired, it is perfectly clear that neither Gschwend nor his assignee has any further right to collect tolls. The defendant makes a point which can only go to the
We therefore advise that the judgment be affirmed.
Belcher, 0. 0., and Foote, 0., concurred.
For the reasons given in the foregoing opinion, the judgment is affirmed.