Beall v. Weir
California Court of Appeal
APPEAL from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. H. Z. Austin, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
This action was brought by the plaintiff as road commissioner for the purpose of abating a certain post and wire fence alleged to have been erected and main tained by the defendant on a public highway in Fresno county. The defendant admitted that he constructed and maintained the fence, but claimed that such fence was not upon a highway, but upon his own land.
Upon the issue thus made the court found in favor of plaintiff, and ordered the fence abated as a public nuisance, and judgment was accordingly entered. Defendant prosecutes this appeal from the judgment and from the order denying his…
2Cases cited5 opinions
- Diehl v. ZangerMichigan Supreme Court · 1878
- Kaiser v. DaltoCalifornia Supreme Court · 1903
- Helm v. WilsonCalifornia Supreme Court · 1888
- Bullard v. KempffCalifornia Supreme Court · 1897
- Penry v. RichardsCalifornia Supreme Court · 1877
3Cited by5 opinions
- Kraus v. GriswoldCalifornia Court of Appeal · 1965
- Town of Red Bluff v. Walbridge.California Court of Appeal · 1911
- In Re GillettCalifornia Court of Appeal · 1920
- Link v. Cole Investment Co.California Court of Appeal · 1962
- Fripp v. WaltersCalifornia Court of Appeal · 2005