Sherman v. Buick

Citations

• 32 Cal. 241

Syllabus

<p>Constitutionality of Law for Opening Roads.—The Legislature has the constitutional power, under the right of eminent domain, to pass laws for opening roads, called in the statute “private roads,” from the main roads leading through the country to the residences or farms of individuals, and over lands not belonging to the persons to whose residences or farms the roads thus opened lead.</p> <p>Roads called “Private Roads” are for public use.—Roads leading from the residences or farms of individuals to the main road which runs through the country, called in the statute “private roads,” are of public concern, and under the control of the Government, and are open to every one who may have occasion to use them, and are therefore public roads.</p> <p>Land taken for Roads is not applied to private use.—A law providing for opening a road from the- farm or residence of A, across the land of B, to a main road leading through the country, upon just compensation being made, does not have the effect of taking the private property of B and applying it to the private use of A.</p> <p>Constitutionality of Laws.—In passing on the constitutionality of a law, it is the duty of Courts to look to the true object of the law, and to trace out its true result, and not to be guided by those objects or results which the Legislature may have mistakenly declared; and if the law be found to be consistent with the Constitution, or within the acknowledged power of the Legislature, to uphold it.</p> <p>All Roads are public.—The phrase “private road” is unknown to the common law. All “ roads ” are public.</p> <p>Roads in Santa Clara County.—The Act for opening roads in Santa Clara County provides for compensation to be made for the land taken for the road.</p> <p>Answer in Action for Trespass in Opening Road.—In an action for damages for an alleged trespass upon the plaintiff's land, if the defendant justifies the alleged trespass under the Act in relation to laying out and establishing roads, he