Welsh v. Gould

Decided April 18, 1889

California Supreme Court · decided 1889-04-18

Freer, Judge. Action by Columbus Welsh, as road overseer, against E. H. Gould, to abate a nuisance. Defendant had built a fence across one of the public roads running through plaintiff’s district, and the latter had removed it, only to find it rebuilt by defendant, who threatened to rebuild it as often as it was removed.

Decided 1889-04-18

HAYNE, C.

¶1The question upon which this case turns is whether there was a public road through the land of defendant. The court below found that there was not. And we cannot say upon the record before us that its action should be disturbed. We therefore advise that the judgment and order appealed from be affirmed.

¶2We concur: Belcher, C. C.; Foote, C.

PER CURIAM.

¶3For the reasons given in the foregoing opinion the judgment and order are affirmed.