County on Yakima v. Conrad

Citations

• 26 Wash. 155
• 66 P. 411
• 1901 Wash. LEXIS 623

Syllabus

<p>HIGHWAYS-ESTABLISHMENT BY PBESCEIPTION-SUFFICIENCY OF EVIDENCE.</p> <p>In an action to restrain defendants from obstructing a public highway the court was warranted in finding the establishment by prescription of a road forty feet in width, when it appeared from the evidence that the road had been used by the public for over twenty years, during more than ten of which the land on which it was located was public land of the United States; that the road as used was wide enough for two or three wagons to pass abreast; that there had been variations of a few feet from time to time in the road as traveled; and that the road had not been fenced by defendants until after the prescriptive rights of the public had become matured.</p> <p>SAME- — PUBLIC USER-WIDTH OF ROAD.</p> <p>The act of the court in decreeing the estahlishment by prescription of a highway forty feet in width was not erroneous, where the law fixed the maximum width of county roads at sixty feet and the minimum width at thirty feet, since an.easement, when acquired hy user, cannot he limited to the actual beaten path, hut may be as broad as the public require for passing as well as for traveling in one direction.</p>