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SMITH v. RICKER

Docket No. 10705.

226 Cal.App.2d 96 (1964)

37 Cal. Rptr. 769

CLARENCE G. SMITH et al., Plaintiffs, Cross-defendants and Respondents, v. FRANCIS L. RICKER et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, Third District.

March 31, 1964.

Attorney(s) appearing for the Case

Michael T. Hennessy for Defendants, Cross-complainants and Appellants.

David W. Packard for Plaintiffs, Cross-defendants and Respondents.

FRIEDMAN, J.

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...

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