Freshour v. Hihn

Citations

• 99 Cal. 443
• 34 P. 87
• 1893 Cal. LEXIS 688

Syllabus

<p>Highway—Description of Eoad—Complaint fob Obstruction—Support of Judgment. — When in describing the location of a road the width is given, and but one of its lines is particularly described by course and distance, tlie line so described will be deemed to refer to the center line of the road in the absence of anything in other parts of the description tending to indicate a contrary intention ; and where a complaint for the obstruction of a highway described it as forty feet wide, commencing at a certain point named, and following the course and distance of a given line to the line of average high tide in a given bay, the description is sufficiently certain to support a judgment abating the obstruction.</p> <p>Id__Highway by User in Santa Cruz County—Dedication Immaterial—Finding.— Under section 52 of the act of March 31, 1876, providing for the establishing and maintaining of roads in Santa Cruz County, the use of a road by the public for a period of five years next preceding the passage of the act, constituted such road a public highway, regardless of whether or not the owner of the land in permitting such use intended thereby to dedicate the land used as a public highway; and a finding that a road in that county has been traveled and used by the public generally as a public road or highway “ for more than twenty years continuously immediately preceding the 1st of May, 1890,” is a sufficient finding that the road in question was a public highway.</p> <p>Id. — Penalty fob Obstruction Inapplicable—Construction of Code.—The right of a road overseer to recover the penalty of ten dollars for each day an obstruction exists upon a public highway, given by sections 2731, 2732, and 2734 of the Political Code, applies only to the case of a highway established by the proper officers in the manner prescribed by law, and does not extend to a case where the highway is only such by user or abandonment to the public, and has not been recorded as a highway.</p> <p>Id.—Highway Dul