Miller v. Pierce County

Citations

• 34 Wash. 592
• 76 P. 103
• 1904 Wash. LEXIS 389

Syllabus

<p>Highways — Obstructions by Abutteb to Gain Access to Premises — Complaint to Enjoin Removail-Sueficiency. The owner of property abutting upon a public highway filled across tide lands,.who has erected a building on his abutting property, flush with the street, and four feet higher than a bicycle path constructed on that side of the street, has no right to build a sidewalk from his property oyer said bicycle path, with inclines accommodating the use of the bicycle path to said sidewalk; since said sidewalk is clearly an unlawful obstruction to the free use of the path, the abutter’s easement of access b'eing a right which must be exercised so as to accomodate his property to the equal use of the street, which is under the exclusive control of the county commissioners; and a complaint to enjoin the commissioners from removing the obstruction is demurrable.</p>