Rochex & Rochex, Inc. v. Southern Pacific Co.

This action is brought for a declaratory judgment that plaintiff is the owner of a right of way over defendant’s property and that this right of way be declared a public roadway.

Plaintiff owns land in San Mateo fronting on a public street, the rear line of which is bounded by property of defendant. Defendant owns a lot fronting on a street running at right angles with the street on. which plaintiff’s lot fronts. This lot of defendant is bounded on one side by its railroad tracks, on another by a deep creek and on the third by the rear of property belonging to plaintiff and neighboring owners, so that there is no entrance to it except on the street side. On the street side it is inclosed by a row of iron posts, about six feet apart, except that an opening has been left between posts at one point sufficiently wide for vehicles to pass through. The right of way sought is over this lot from the street to the rear of plaintiff’s lot and the lots of others similarly situated. It is not for a way through defendant’s property as for a road or street, but for ingress and egress to and from a cul-de-sac open on one side only. A roadway on defendant’s lot extending from the street is, and…