McRose

Action by plaintiff, as road overseer, to enjoin the defendant from obstructing an alleged public highway. Trial before the court without a jury. Judgment for plaintiff, from which defendant appeals.From the findings it appears that in .the year 1858, and prior thereto, a strip of land leading from the defendant’s brick store, at Thompson’s Flat, in the county of Butte, in a northeasterly direction to and beyond the old school-house” site at said Thompson’s Flat, was and had been used by the residents of Thompson’s Flat as a street or way to and from their places of residence. This use was discontinued after the year 1858, and for. more than twenty years prior to the commencement of this action. On or about the year 1858, the trustees of the Thompson’s Flat school district established and built a public school-house, for public school purposes, at the north -end of the strip of land, and continously thereafter, and until 1884, used the same as and for a public school. In the latter year the trustees sold the land upon.which the school-house was located, and removed the school-house therefrom., From 1858, continuously *124 until the removal of the school-house, the strip of land…