Hamerly v. Denton

DIMOND, Justice.

This is a controversy over a road which crosses Plamerly’s property and gives access beyond to Denton’s homestead. Hamerly objected to its use by Denton, and the latter, claiming it to be a public highway, brought an action to enjoin its obstruction. The district court entered judgment in Den-ton’s favor, and Hamerly has appealed.

The question to be decided is whether this road is a “highway” within the meaning of Section 932, Title 43 U.S.C.A., which provides:

“The right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.”

T…