Territory of Hawaii v. McCandless

OPINION OF THE COURT BY

HARTWELL, J.

This was a bill in equity to restrain the respondent from obstructing a highway in Honolulu from King street to the rice mill of Y. Ah Hin by a fence cutting off a portion of the highway “150 feet in length and varying in width from ten feet to fifteen feet.” The judge in dismissing the bill said: “The evidence shows in this matter that there has been some sort of way for 'a great many years, perhaps since about 1865 or 1866, but it does not very clearly show the location of the road, nor the width, except as to the use of it.” After remarking that the width…