Faus V. City Of Los Angeles

TOBRINER, J. The issue in this case devolves from the fact that in 1955 public motor coach service was substituted for public electric railway service over rights of way in the Los Angeles area that were granted for an electric railway. Plaintiff urges that the conversion of the rights of way conflicts with the terms of the instruments of their creation, causing a destruction of the easements to which the parcels were subject. For the reasons set forth in this opinion we have concluded that the present use of the subject parcels sufficiently complies with the purposes of the grantors to permit survival of the easements. We also hold that plaintiff cannot support a claim for compensation for the city's use of longitudinal portions of the rights of way that were paved prior to the 1955 change from electric to motor vehicular transportation. Finally, we find that no portions of these easements have been extinguished by abandonment.