People ex rel. Warfield v. Sutter Street Railway Co.

Garoutte, J.,

concurring.—I concur in the affirmance of the judgment, and also in the views declared by Justice Temple in nearly all respects. There is nothing in the record indicating an estoppel against the city, or showing a waiver of forfeiture upon its part. For these reasons I leave the matter open as to the legal status of the city in relation to waiver and estoppel as pertaining to franchises of this character.