Tucker v. Watkins

Plaintiffs sought to enjoin defendants’ use of a country roadway traversing plaintiffs’ land. Defendants cross-complained to enjoin plaintiffs’ construction of any barriers across said roadway. The trial court granted the relief sought by plaintiffs and defendants appeal.

In 1962 defendants entered into possession of a 1200-acre parcel of land in Humboldt County. The south fork of the Eel River courses through this parcel in a northeast to southwest direction. Approximately 300 acres lie south of the river. Since 1939, plaintiffs have been the owners of a 30-acre parcel south of the river and…