FRANCESCHI v. KUNTZ

Docket No. 23151.

253 Cal.App.2d 1041 (1967)

61 Cal. Rptr. 810

BURDELL FRANCESCHI et al., Plaintiffs and Respondents, v. O.N. KUNTZ et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

August 30, 1967.


Attorney(s) appearing for the Case

Robert C. Dunn and Charles V. Moore for Defendants and Appellants.

Hill, Janssen, Corbett & Dunaway and Victor M. Corbett for Plaintiffs and Respondents.


BROWN (H.C.), J.

This is an appeal by defendants from a judgment which enjoined them from the use of a roadway and assessed damages against them in the sum of $2,500. Appellants contend that respondents by deed dated April 4, 1955, granted Western Studs, a logging firm, the right to use the roadway and that appellants' use was under the authorization of the ultimate successors in interest to Western Studs and therefore did not constitute a trespass.

The facts...

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