City of Seattle v. Smithers
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Tallman, J., entered June 24, 1903, upon findings in favor of the defendants, after a trial before the court without a jury, dismissing on the merits an action to enjoin the obstruction of a county road.
1Opinion of the CourtMount, C. J.
This action was brought by appellant to perpetually enjoin the respondent from fencing up, and otherwise obstructing, a road known as the “county road,” for the reason that the said road is a public highway,'and the obstruction thereof unlawful. The road in question extends in a northerly direction from the north end of Dexter avenue, in the city of Seattle, to and beyond the town of Kremont, across and upon a certain tract of land owned by respondent Smitkers, and lying within the corporate limits of the city of Seattle. Appellant bases its contention upon the fact that the road in question…
2Cases cited14 opinions
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