Crook

County of Tuolumne v. Crook

Good Law
177 Cal. App. 2d 490·2 Cal. Rptr. 197
Court of Appeal of CaliforniaJanuary 27, 1960Civ. No. 9729California1,876 words

Opinion

Lead Opinion

Dyke, J.

This is an appeal from a judgment which enjoined appellants from interfering with the use by the public of a road which crosses their ranch. The county brought the action, alleging that the road was a public road and that the defendants were interfering with its use. By their answer defendants denied the road was a public road. By their cross-complaint they asked that their title be quieted against the county in respect to its claims. The trial court made the following findings:

The court drew conclusions of law that the Mohican Mine Road, approximately 10 feet in width as it traverses the land of defendants and cross-complainants, was dedicated to the usage of the public and that the dedication was accepted by the public by usage thereof; that the right of the public to use the road had never been abandoned or lost; that the maintenance of a lock by defendants upon any gate closing the road as it traverses lands of defendants and cross-complainants constituted a public nuisance which should be abated.

Defendants and cross-complainants, hereinafter called appellants, contend generally that the evidence is insufficient to support the court’s findings and conclusions that the road…

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