Legal Opinion

Miles v. Thorne

California Supreme Court

Decided July 1, 1869PublishedCited by 23 opinions

Appeal from the District Court of the Third District, Alameda County. The plaintiff appealed. The case and points are stated in the opinion.

1Opinion of the CourtSanderson, J.

This is an action to obtain a conveyance of an undivided ■half interest in a road franchise, and an account and division of the tolls, all of which, as charged, have been collected and received by the defendant.

It appears by the complaint, that, in 1854-5, the defendant, without any grant from the Legislature, had opened and *336constructed a road, or highway, situated in the Counties of Contra Costa and Alameda, and known as “Thorne’s Road.” That, at the commencement of the year 1862, the road was out of repair and unfit for traveling, and the defendant was destitute of means to repair it. That…

2Cited by23 opinions

  1. Crawford v. Imperial Irrigation DistrictCalifornia Supreme Court · 1927
  2. Luco v. De ToroCalifornia Supreme Court · 1891
  3. Logan v. BrownSupreme Court of Oklahoma · 1908
  4. Norton v. BassettCalifornia Supreme Court · 1908
  5. Brennan v. FordCalifornia Supreme Court · 1873

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