Nicolas v. Grassle

Nicolas brought suit against Grassle, et al. to enjoin the obstruction of a road which he claimed was a public highway. He was defeated and brings error. The judgment must be reversed.

The" plaintiff owned land in Duckett Park where in summer he grazed sheep, of which he had several thousand head. Prom the county road to this land there was a road about 1% miles long, which had been in use for some years by the owner of Duckett Park, grantor of plaintiff, while the land which it crossed was in the public domain of the United States. While the road was there the defendants entered lands which…