People v. County of Marin

This action is brought by the people of the state of California upon the information of the attorney general and by W. B. Hale, warden of the state’s prison at San Quentin, California, and the board of state prison directors, as plaintiffs, against the county of Marin, the supervisors of said county, and J. Edwards, as roadmaster, defendants, to restrain them from interfering with • certain gates and obstructions placed by plaintiffs upon a certain road running to, upon, and across the state prison grounds, and alleged to be a private road.

A restraining order issued in the case.

Defendants answered, averring that the "road from San Rafael to Point San Quentin is a public highway, *225 and runs across and over the premises described in the complaint, viz., the state prison grounds, and admit their intention to remove gates and obstructions therefrom.

The cause was tried by the court without the intervention of a jury, written findings filed, and judgment entered thereon in favor of the defendants, from which judgment, and from an order denying a motion for a new trial, plaintiffs appeal.

The court found, among other things, that the state of California is, and ever since the…