Fitts v. Pierce County
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered June 10, 1913, upon findings in favor of the plaintiffs, in an action for equitable relief, tried to the court.
1Opinion of the CourtMorris, J.
The question presented by this appeal is whether or not there is a public road through blocks 59 and 62, of the plat of Brookdale, in Pierce county. These premises are a short distance south of Tacoma, and were owned by *239respondents. The lower court held adversely to the county’s contention, and it appeals.
The county relies on two grounds as establishing the public character of the road; (1) prescription, and (2) Rem. & Bal. Code, § 5657 (P. C. 441 § 91), providing that all public roads that have been used as such for not less than seven years, where the same have been worked and kept up at…
2Cases cited2 opinions
- Maggs v. City of SeattleWashington Supreme Court · 1913
- Dahlstrom v. AndersonWashington Supreme Court · 1910
3Cited by1 opinion
- Stevens County v. BurrusWashington Supreme Court · 1935