Legal Opinion

Hall v. Kauffman

California Supreme Court

Decided March 19, 1895No. 15739PublishedCited by 8 opinions

Appeal from a judgment of the Superior Court of Sonoma County and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

This is an appeal by defendant from a judgment rendered against him and an order denying him a new trial, in an action brought by plaintiff, as road commissioner, to remove and abate an encroachment and obstruction erected by defendant upon a public highway.

*452The court found that the road had, for more than thirty years prior to the commencement of the action, been “ continuously, peaceably, uninterruptedly, notoriously, openly, and with the knowledge and consent- of defendant, and his grantors, used as and for a public highway and road by the public in general, and by all persons who chose to…

2Cases cited5 opinions

  1. Smith v. City of San Luis ObispoCalifornia Supreme Court · 1892
  2. People v. DavidsonCalifornia Supreme Court · 1889
  3. Bailey v. DaleCalifornia Supreme Court · 1886
  4. People v. RaymondCalifornia Supreme Court · 1868
  5. San Benito County v. WhitesidesCalifornia Supreme Court · 1876

3Cited by8 opinions

  1. Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
  2. In Re Estate of EdelmanCalifornia Supreme Court · 1905
  3. Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
  4. People v. HendersonCalifornia Court of Appeal · 1948
  5. Helm v. McClureCalifornia Supreme Court · 1895

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