Bolger v. Foss

Citations

• 65 Cal. 250
• 3 P. 871
• 1884 Cal. LEXIS 506

Syllabus

<p>Publio Highways—Boad Through Private Lands Used as Public Boad.— Section 2619 of the Political Code, which provides that “ all roads used as such for a period of more than five years are highways,” is not merely a declaratory law to the effect that the fact of use of a road as a public road for more than five years shall be evidence of dedication by the owners of the land through which it runs; it is in the nature of a Statute of Limitations, which gives to the public the right to use the road as a highway in case it has been so used.</p> <p>Jd. — Constitutional Law.—The section referred to is not in violation of any provision of the Constitution.</p> <p>Id.—Finding.—Where it is found that a road has been used as a public road for more than six years, the finding is not overcome by a further finding that the owner of the land placed gates at the points where the road entered upon and emerged from his land, which did not prevent the passage across it.</p>