Graham

J. — The plaintiff Lee Ealenor Graham owning a tract of land in the county of Santa Barbara, commenced this action against the defendant Bailard, as road commissioner, to enjoin him from digging into and cutting away certain points and banks of land upon the side of a road adjoining plaintiff’s land. The question in dispute is whether the location of the proposed work is on plaintiff’s land or whether it is within the limits of a public highway. Since the commencement of the action, the -boundaries of the city of Santa Barbara have been extended so as to include this territory, and the city has been joined as a party defendant.

The land owned by Mrs. Graham is a tract of some twenty-three acres. It consists of the westerly end of a mound or hill, sloping more or less abruptly to the north, west, and south. On the south it is bounded by the Santa Barbara Channel. A road, known as the East Boulevard, runs easterly along the shore of the channel from the city of Santa Barbara, until it strikes a point on the westerly front of the mound, there connecting with a road which skirts the foot of the mound along its westerly and northerly sides, and runs, in part, between the mound and a…