Sherman v. Buick
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. The trespass was alleged in the complaint to have been committed on the 1st day of March, 1866. The action was commenced April 28th, 1866. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
The plaintiff sues to recover damages for an alleged trespass upon his land. The defendants justify the supposed trespass by virtue of certain proceedings had by the Board of Supervisors of Santa Clara County, in which the land is situated, under the provisions of certain Acts of the Legislature in relation to public and private roads. (Stats. 1861, p. 389; 1863-64, p. 248.) The proceedings in question were had under the provisions of the statute which relate to the laying out and establishing of what are there called private roads. (Stats. 1861, p. 392, Sec. 7.)…
2Cases cited1 opinion
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
3Cited by45 opinions
- Frustuck v. City of FairfaxCalifornia Court of Appeal · 1963
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- People v. ChevalierCalifornia Supreme Court · 1959
- Varner v. MartinWest Virginia Supreme Court · 1883
- Kripp v. CurtisCalifornia Supreme Court · 1886
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