Sherwood

The action was to enjoin defendant from interfering with the free use and occupation of a certain highway by plaintiffs, and from interfering with or preventing plaintiffs, or either of them, from entering upon any portion of said way and repairing the same. The theory upon which the action was tried is that said way constitutes a public highway and that said plaintiffs were especially damaged by reason of the interference on the part of the defendant with the use and enjoyment of the same on the part of the former. There is, however, no allegation in the complaint that said way constitutes a public highway, it being designated as a “wagon road, commonly known as Brewer’s Road,” and it was alleged “that plaintiffs have traveled said wagon road, known as Brewer’s Road, for more than ten years last past, and are the owners and in possession and occupation of a right of way over said northeast quarter of section 35, along and over the course of said Brewer’s Road, and are entitled to travel and pass over the same at any and all times, and it is necessary for them and each of them to travel the said road in order to reach the said city of Plaeerville. ” It is thus to be seen that…