Fischer v. County of Shasta

I dissent.

The majority here has, without any discussion of the comprehensive statutory scheme set up by the Legislature in the Streets and Highways Code, decided that this ease must be reversed. There is, in the majority opinion, no discussion of the numerous detailed provisions set forth in the Streets and Highways Code each of which has a specific bearing on what the Legislature intended for each type of public way. The majority has, instead, relied on various dictionary definitions of the word “road,” on several California cases which are not in point, and on numerous out-of-state cases…