Legal Opinion

Potter v. Ames

California Supreme Court

Decided January 15, 1872No. 3,127PublishedCited by 17 opinions

Appeal from the District Court of the Twelfth Judicial District, San Mateo County. The notice, referred to in the opinion, was “ to make the following changes in the route and location of the Half-moon Bay and Pescadero Road, to wit: Commencing at the bridge, at-the present crossing of the San Gregorio Creek, near Carter’s Hotel; thence northerly over the most practi cable route for a road, over and across the lands of James Quintín, W. Buckland, G. W. T. Carter, Asa…

Read the full summary

Appeal from the District Court of the Twelfth Judicial District, San Mateo County. The notice, referred to in the opinion, was “ to make the following changes in the route and location of the Half-moon Bay and Pescadero Road, to wit: Commencing at the bridge, at-the present crossing of the San Gregorio Creek, near Carter’s Hotel; thence northerly over the most practi cable route for a road, over and across the lands of James Quintín, W. Buckland, G. W. T. Carter, Asa Fletcher, A. Gordon, and Mrs. Thompson, to a point on the Tunitas Creek, near T. F. Potter; thence northerly along the west…

1Opinion of the Court

By the Court,

Wallace, C. J.:

This is an action of trespass, quare clausum fregit, brought by the plaintiff to recover damages for the digging and injury of his land, done by the defendants, who justify as being the Trustees of the Fifth Township, in the County of San Mateo, in which township the premises are situate.

The defendants justify under certain proceedings instituted before the Board of Supervisors of San Mateo County, altering, or attempting to alter, a public highway in that county, and whereby they claim that a public road was legally opened through the premises of the plaintiff.

The…

2Cited by17 opinions

  1. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  2. Frustuck v. City of FairfaxCalifornia Court of Appeal · 1963
  3. Chesney v. ByramCalifornia Supreme Court · 1940
  4. Mulligan v. SmithCalifornia Supreme Court · 1881
  5. Bishop v. MahikoHawaii Supreme Court · 1940

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API