State v. Rixie

Citations

• 50 Wash. 676
• 97 P. 804
• 1908 Wash. LEXIS 804

Syllabus

<p>Highways — Obstruction—Evidence—Admissibility. In a prosecution for obstructing a public road, a part only of which was closed by gates, testimony as to the gates was immaterial upon an issue as to other portions of the road across which defendants felled a tree for the purpose of preventing travel thereon.</p> <p>Same — Evidence—Sufficiency—-Highway by Prescription. The testimony of a pioneer that a road was- opened in 1852 and had been continuously traveled by the public as a public highway ever since that time without any interruption, is ample to make a case for the jury on the question of a highway by prescription, by adverse use and claim of right, and it is immaterial that the highway led up to a gate and continued no farther.</p> <p>Same — Prescriptive Use Across Public Lands. A highway may be established across public lands by adverse use.</p>