116 P. 566 | Cal. | 1911
This like the action of Western Union Tel. Co. v. County of LosAngeles, (L.A. No. 2446), ante, p. 124, [
There is no material difference between this case and the Western Union Telegraph Company case just referred to. This plaintiff, a telegraph company organized in the year 1886 under the laws of the state of New York, accepted the terms of the act of Congress of July 24, 1866, [14 Stats. 221], on April 16, 1886, and did not construct its system in the city of Los Angeles until the year 1889, at which time that city had become organized under its freeholders' charter approved by the state legislature January 31, 1889. (Stats. 1889, p. 455.) This difference, however, is not material. There was no express repeal of section
In view of the considerations stated above, this case is governed by the case of Western Union Tel. Co. v. County of LosAngeles, (L.A. No. 2446), ante, p. 124, [
The judgment is reversed.
Sloss, J., Lorigan, J., Henshaw, J., and Melvin, J., concurred.
Mr. Justice Shaw deems himself disqualified to act in this case, by reason of relationship to one of the attorneys of record.