Avery v. Drane

PHELPS, Chief Justice.

This is an appeal from a judgment in favor of appellees against appellants commanding appellants to forthwith remove all barriers and other obstructions placed by appellants on that public road designated and known as Fourth Street running north and south between Grand Canal on the north, and Grand Avenue on the south, approximately three miles northwest of the city limits of the city of Phoenix.

This cause has been in this court before (see Drane v. Avery, 72 Ariz. 100, 231 P.2d 444, 445) and the facts developed in the second trial are substantially the same as were…