Kirk v. Schultz

— Appellants set up two causes of action in their complaint. First, to establish a public highway over respondents’ land and to compel the removal of an obstruction,to-wit, a gate maintained thereon by respondents. Second, to establish an easement over respondents’ land by prescription. Judgment for respondents, from which this appeal is prosecuted.

Appellants own considerable land on the South side of Boise River in the vicinity of Birch Creek. Respondents own land about a mile below appellants’ land. A short distance below respondents’ residence is Charcoal Creek. Approximately midway…