Grigsby v. Burtnett

Citations

• 31 Cal. 406

Syllabus

<p>Enjoining a Trespass.—Courts of equity may restrain the commission of a trespass about to he committed by taking down fences and opening a road through the plaintiff's land in pursuance of an order of the Board of Supervisors prematurely made.</p> <p>Damages for Laying Out Road.—The award of the Road Viewers for damages sustained by a person for laying out a road across his land is not conclusive. The applicant may, after the award and tender of the money awarded, commence suit against the county in the District Court for his damages.</p> <p>When Road 3iay be Opened.—If an applicant for damages for laying out a road refuses to accept the sum awarded him by the Road Viewers, and commences suit in the District Court, the public do not acquire a right of way until the damages are ascertained in the suit, and a final judgment is rendered thereon, and the damages are paid or provided to be paid.</p> <p>Opening Highway.—Until the question is finally settled as to the amount of damages a person is entitled to for opening a road over his land, and the money is paid or provided to be paid, neither the Supervisors nor the Road Master can remove the fences or open the road.</p> <p>Tender of Da stages for Opening Road.—The tender of the money awarded by the Road Viewers to an applicant for damages for opening a road, does not give a right to open the road if the applicant sues to recover his damages.</p>