Ricker

Plaintiffs sought to enjoin defendants’ use of a roadway or former roadway traversing plaintiffs’ land. The lower court granted the injunction and defendants appeal.

Plaintiffs Smith and defendants Ricker own adjoining properties in Shasta County some miles east of Redding. Both properties are crossed by Cedar Creek, which flows in a southwesterly direction. During the 1890’s and for some years thereafter Shasta County maintained a traveled roadway across both properties, parallel to and east of Cedar Creek. About 1918 the road became part of the state highway between Redding and Alturas. (This highway is generally known as U.S. 299. Section 328 of the Streets and Highways Code designates it as State Route 28.) The lower court found that the state ceased to maintain the road in 1932, when it was superseded by a new state highway along the opposite or west bank of Cedar Creek; that substantial portions of the old road were destroyed by a flood in 1937; that thereafter it was not open to through travel; that the State of California abandoned it; that neither the State Highway Commission nor Shasta *98 County adopted any resolution of abandonment; “that a right-of-way to pass over…