Bruson

This action involves the right of defendant to use a wagon road about three miles in length, extending from plaintiff’s mines and buildings to the main road near Copper City, Shasta county. Plaintiff insists that the road is a private thoroughfare, while defendants insist that it is a public road. It crosses lands owned by plaintiff and other private owners, and public lands of the United States, and at one point passes over land owned by defendant, Shasta Electric Golden Copper Company. In 1877 or 1878 a tramway was constructed for the purpose of conveying ore from mines now owned by plaintiff to a mill near Copper City. In course of time the tramway was abandoned as such and the ties and rails of which it was constructed were torn up and sold. From 1894 to 1896 the grade theretofore used for the tramway was at times freely used by persons having occasion to use the same, but the grade and bridges were so destroyed that it could only be used in places, and no part of it was used by the public generally for any purpose. In 1896, one Sallee, plaintiff’s predecessor in interest, widened the grade into a wagon road and constructed the same for his own use and benefit as an…