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KERR LAND & TIMBER CO. v. EMMERSON

Docket No. 24622.

268 Cal.App.2d 628 (1969)

74 Cal. Rptr. 307

KERR LAND & TIMBER CO., Plaintiff and Respondent, v. R.H. EMMERSON et al., Defendants and Appellants.

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

January 6, 1969.

Attorney(s) appearing for the Case

Mathews & Traverse and Francis B. Mathews for Defendants and Appellants.

Mitchell, Henderson & Dedekam, Robert C. Dedekam and Arthur E. Cooley for Plaintiff and Respondent.

BROWN (H.C.), J.

This is an appeal from a judgment granting an injunction against excess use of an easement. It is the third appeal in this case.

Respondent Kerr Land & Timber Co. (Kerr) is the present owner of the Barr Ranch. The appellants (Emmerson) are the owners of a roadway easement across this ranch.

In 1957 the Kerrs as individuals (now incorporated) instituted this action to enjoin the use of the easement for transporting logs produced...

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