Gardner

Gardner v. Stroever

Good Law
1889 Cal. LEXIS 1001·81 Cal. 148·22 P. 483
Supreme Court of CaliforniaOctober 30, 1889No. 13191California918 words

Opinion

Lead Opinion

Vanclief, J.

The complaint describes a public road “ extending from the Oroville and Miner’s Ranch public road northeasterly past the slaughter-house of defendant and the slaughter-house of plaintiff, to the residence of Nancy Cooper,” about seventy rods in length, situate in Butte County, and alleges that plaintiff is in possession of a slaughter-house on the south side of the road described, “ and that the only means of entrance and exit •to and from said slaughter-house to said public highway leading from Oroville to Miner’s Ranch, or any other public highway, is over and along said highway leading to the residence of Nancy Cooper aforesaid; that the defendant, on the twentieth day of February, 1889, wrongfully, unlawfully, and fraudulently, and for the purpose *149 of vexing, annoying, and preventing this plaintiff from reaching his said slaughter-house, entered upon said public highway leading from the Oroville and Miner’s Ranch road to the residence of Nancy Cooper aforesaid, at a point between plaintiff’s slaughter-house and said Oroville and Miner’s Ranch road, and caused to be erected across said public highway an obstruction, to wit, a building which completely obstructed said road…

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