People v. Quong Sing

This is an action for the abatement of a nuisance alleged to consist of obstructions placed and now being maintained by defendants on a public highway. Plaintiff had judgment, from which defendants appeal. The charging part of the amended complaint reads as follows:

“1. That a certain road and highway in the town of Newcastle, county of Placer, state of California, described as commencing at the northeast corner of the Rice Tract, according to the plat of the Rice Tract now on file in the office of the recorder of the county of Placer; running thence in a southeasterly direction to a point opposite a house known as the C. M. Silva house in the said town of Newcastle; said road and highway being forty feet in width along the east line of the said Rice Tract, is now and at all the times hereinafter mentioned was a duly laid out public highway of the county of Placer, state of California.

“2. That defendants, during the month of December, 1910, built and constructed a fence and barn on said highway at a place known as Newcastle Chinatown, and are now maintaining said fence and barn on said highway at said place. ’ ’

A general demurrer was overruled and defendants answered, denying…