People v. Eel River & Eureka Railroad

Plaintiff seeks by this action a judgment that a certain strip of land, sixty feet in width by fifteen hundred feet' in length, extending from the defendant’s station at Field’s Landing, in Humboldt County, to the county road, is a public highway, and to compel the removal of certain obstructions thereon. Judgment was rendered in its favor, and the defendant has appealed.

In November, 1882, the land in question was owned by one Waterman Field, and was by him conveyed to the defendant. Field was also the owner of a tract of land which the defendant purchased from him for its use as a station, and this strip of land, extending from the main tract of land to the county road, was included in the same conveyance. In the early part of 1883, the defendant constructed a road over this strip of land, opening into the county road at one extremity, and connecting at the other extremity with the other tract of land, and this road was thereafter used by the public as a highway without interruption until 1887, when the defendant erected a gate near the western end of the road, to prevent driving onto its wharf in the night. This gate was left open during the daytime, but *669 was closed at…