Bishop v. Hawley

Kimball, Justice.

M. L. Bishop, plaintiff and appellant, claiming that K. D. Hawley, defendant and respondent, had constructed and maintained a fence across a highway, brought this action for damages sustained by the obstruction of the highway, to abate the fence as a nuisance, and to enjoin the defendant from obstructing the highway in the future. The defendant was the owner of a homestead entered and patented under the public land laws. The fence enclosed the homestead across which the plaintiff claimed the highway had been established by use by the public before the entry of the homestead.…