Legal Opinion

Thomas v. England

California Supreme Court

Decided December 28, 1886No. 9805PublishedCited by 48 opinions

Appeal from a judgment of the Superior Court of San Benito County. The facts are stated in the opinion.

1Opinion of the Court

Searls, C.

This is an action to establish a right of way over the land of defendants, and to bar and-enjoin them from closing or obstructing the same.

The claim of plaintiff is, that on the first day of September, 1874, he entered upon the land over which the right of way is claimed, constructed a roadway thereon, and thence hitherto, until the 14th of February, 1884, maintained said roadway, and continuously maintained the same under a claim of right adversely to the defendants and their predecessors. ,

The answer denies the adverse user of the right of way, avers that it was by permission of…

2Cases cited5 opinions

  1. Unger v. MooneyCalifornia Supreme Court · 1883
  2. Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1884
  3. Corning v. GouldNew York Supreme Court · 1837
  4. Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
  5. Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870

3Cited by48 opinions

  1. O'BANION v. BorbaCalifornia Supreme Court · 1948
  2. Clarke v. ClarkeCalifornia Supreme Court · 1901
  3. Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
  4. Roediger v. CullenWashington Supreme Court · 1946
  5. Pacific Gas & Electric Co. v. Crockett Land & Cattle Co.California Court of Appeal · 1924

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