Legal Opinion

Schulenbarger v. Johnstone

Washington Supreme Court

Decided July 15, 1911No. 9498PublishedCited by 24 opinions

Appeal from a judgment of the superior court for Stevens county, Kellogg, J., entered May 27, 1910, in favor of the defendants, after a trial on the merits before the court without a jury, in an action for an injunction.

1Opinion of the CourtChadwick, J.

Appellant brought this action seeking to restrain respondents from interfering with his use of a roadway now, and for some time past, used by appellant and his grantors. The roadway to which appellant asserts the right of user runs from his land across the lands of respondents through bars and gates, and connects with the public road on the south line of respondents’ lands. Although settled upon about the year 1885, respondents’ lands were not fenced until nine or ten years • thereafter. The first settlers upon the lands now owned by the appellant traveled at will in going to or coming from…

2Cases cited9 opinions

  1. Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
  2. Pitzman v. BoyceSupreme Court of Missouri · 1892
  3. Whitesides v. GreenUtah Supreme Court · 1896
  4. Scheller v. Pierce CountyWashington Supreme Court · 1909
  5. Watson v. County CommissionersWashington Supreme Court · 1905

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

3Cited by24 opinions

  1. Northwest Cities Gas Co. v. Western Fuel Co.Washington Supreme Court · 1942
  2. Roediger v. CullenWashington Supreme Court · 1946
  3. State v. Superior CourtWashington Supreme Court · 1914
  4. State ex rel. Carlson v. Superior CourtWashington Supreme Court · 1919
  5. Violet v. MartinMontana Supreme Court · 1922

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

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