County of Siskiyou v. Gamlich

Citations

• 110 Cal. 94
• 42 P. 468

Syllabus

<p>Highway—Condemnation of Right of Way—Pleading—More Practicable Route—Insufficient Answer.—In an action by a county to condemn a right of way for a public highway over the lands of defendant, by a route determined upon by the board of supervisors upon approving the report of viewers of the road, affirmative matter in the answer setting up a petition for a road over a different route upon which other viewers had reported favorably, but which the board of supervisors had rejected and refused to grant the prayer of the petition, and that the route so petitioned for forms a mure direct and practicable route, and of cheaper construction than that set up in the complaint, is insufficient to constitute a defense to the actiou, and is properly stricken out.</p> <p>Id.—Jurisdiction of Board of Supervisors— Approval of Report of Viewers—Collateral Attack.—The board of supervisors has jurisdiction to determine whether a new road is necessary or not, and, if necessary, over what route it shall be laid out and constructed; and, in laying out a public road, the board exercises judicial functions, and its order approving the report of viewers cannot be collaterally attacked on the ground that it was made upon insufficient evidence.</p> <p>Id.—Evidence—Petition for Road—Testimony of Supervisor—Finding as to Qualification of Petitioner—Collateral Attack.—The petition upon which the road was established by the supervisors is admissible in evidence, and the testimony of one of the supervisors is admissible to identify the petition as the one presented to and acted upon by the board, and, if it sets forth that the parties who signed it were all freeholders of the road district, and taxable therein for road purposes, the action of the board iu establishing the road is conclusive that the s'atements in the petition were found to be true as to the qualification of the petitioners as against a collateral attack.</p> <p>Id.—Sufficiency of Proof—Nonsuit.—In an action to condemn a right of