Hughes

Hughes v. Blevins

Good Law
1963 Cal. App. LEXIS 2085·216 Cal. App. 2d 798·31 Cal. Rptr. 372
Court of Appeal of CaliforniaJune 3, 1963Civ. No. 10487California683 words

Opinion

Lead Opinion

Friedman, J.

Between plaintiff’s front yard and Lake Ellis in the City of Marysville is a gravel driveway approxi *799 mately 10 feet wide, running in a north-south direction. Plaintiff, Mrs. Hughes, regards the driveway as her private property. The city regards it as a public street, being a prolongation of D Street north of 14th Street. In front of another residence separated by a single lot from plaintiff’s property the driveway comes to a dead end against the outward-curving embankment of Lake Ellis. The driveway provides access to the other residence.

Between the disputed gravel driveway and a fence across Mrs. Hughes’ front yard is a grassy space about 20 feet wide. The rear or opposite end of Mrs. Hughes’ property is served by an undisputed city street. Her garage is located there. Usually she parks her automobile at the rear of her property. She testified that once in a while it was convenient to park her ear in front, that is, in the proximity of the disputed driveway.

On September 8, 1960, the Marysville police received a report that plaintiff’s car was so parked in front of her home as to block the gravel driveway or purported prolongation of D Street. Sergeant Truman Bae, of the…

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