Crook
County of Tuolumne v. Crook
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…