McRose v. Bottyer

Gibson, C.

Action by plaintiff, as road overseer, to enjoin the defendant from obstructing an alleged public highway. Trial before the court without a jury. Judgment for plaintiff, from which defendant appeals.From the findings it appears that in .the year 1858, and prior thereto, a strip of land leading from the defendant’s brick store, at Thompson’s Flat, in the county of Butte, in a northeasterly direction to and beyond the old school-house” site at said Thompson’s Flat, was and had been used by the residents of Thompson’s Flat as a street or way to and from their places of residence. This…