Legal Opinion
Fitzgerald v. Smith
California Court of Appeal
Decided October 26, 1928No. Docket No. 6256PublishedCited by 11 opinions
1Opinion of the CourtTyler, P. J.
Action to restrain defendants from obstructing or interfering with the use by plaintiffs of a certain strip of land, claimed to be a public highway; to remove obstructions thereon and to establish a right of way over and across the same.
The strip of land in dispute is described as that certain roadway known and designated as Delmas Avenue as delineated upon a certain map entitled “Map of I. J. Truman’s Subdivision No. 2 near Mountain View, California.” On September 12, 1904, defendants’ predecessor in interest, I. J. Truman, recorded this map, which shows Delmas Avenue as a twenty-foot…
2Cases cited11 opinions
- Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
- City of Venice v. Short Line Beach Land Co.California Supreme Court · 1919
- Williams v. Los Angeles Ry. Co.California Supreme Court · 1907
- Strong v. SullivanCalifornia Supreme Court · 1919
- Smith v. City of San Luis ObispoCalifornia Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Marshall v. Standard Oil Co.California Court of Appeal · 1936
- Clay v. City of Los AngelesCalifornia Court of Appeal · 1971
- McKinney v. RudermanCalifornia Court of Appeal · 1962
- Robinett v. PriceUtah Supreme Court · 1929
- Ark. State Highway Comm. v. SherrySupreme Court of Arkansas · 1964
6 more not listed; retrieve them via the Exa API.