Legal Opinion

Bolger v. Foss

California Supreme Court

Decided May 20, 1884No. 8,003PublishedCited by 18 opinions

Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

The action is for an injunction to prevent defendant trespassing upon plaintiff’s land, and for damages. The defenses are that defendant has a right of way through the *251plaintiff’s lands; and that a highway or public road runs though them, upon which alone defendant has passed and threatens to pass.

“Prescription” is not a term strictly applicable to a right acquired by the public by the use of a way for arty period of time. The law allows prescriptions only to supply the place of grants, and inasmuch as the public cannot take by grant, the term “prescription,” in its strict sense,…

2Cited by18 opinions

  1. Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
  2. Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
  3. People v. County of MarinCalifornia Supreme Court · 1894
  4. McRose v. BottyerCalifornia Supreme Court · 1889
  5. Friends of the Trails v. BlasiusCalifornia Court of Appeal · 2000

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