The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-02-21
THE old HICKSVILLE ROAD CASE.
judge Prewitt Renders Judgment for
Mrs. VaIensn.
He Does Not, However, Pass Upon the
Question as to the Title to
the Old Roadway.

Judge Prewett of Placer County, who
presided in Department One of the Su-
perior Court here when the case of Mrs.
Celestia NJ. Johnson against Mrs. Alice NJ.
Nalensin was heard, yesterday filed his
decision in the case. 1t is in Mrs. Valen-
sims favor
The case grew out of the long litigation
| over the abandonment and closing up of
the bit of old road that runs through a
portion of Mrs. Nalensin's ranch at Arno
from the Hicks grade to the former ham
let Of Hicksville.
Several years ago Mrs. Valensin decided
to the county parallel road alongside
The railroad, where it did not interfere
with the use Of her land, and established
thereon the Arno Station, with store
| telephone service and postoffice.
The old road was not, however, form
ally abandoned by the Supervisors until
last summer, and thereupon Mrs. VaIen-
! SIN set about closing il. The distractions
We're removed by force, and finally Mrs.
Johnson. who conducts public place at
the Old HlcksyIlle site, sued out an in
junction to restrain Mrs. Nalensin from
fencing up the old road, and for damages
! alleged TO have been suffered. The plain
and Hiram w. Johnson, and w. A. Gett,
Jr., appeared for Mrs. Nalensin.
Plaintiffs counsel raised the issue that
the land embraced by the old roadway
| was not the property of Mrs. NaIeusin,
! but on lis abandonment reverted to the
| original owners OF the Chabolia Grant,
! who, it was COntended, gave it for road
| purposes only, and never wholly parted
with the title thereto.
! Inc decision OF Judge PreWett does not
| go TO the merits OF the latter issue but
( simply dissolVes the temporary iniunc-
ton restraining Mrs. NaIensiD from
erecting fences across the road at either
end. she can now remove the old line
fences ana throw her heretofore divided
fields into one, but until the question of
title to the roadway shall be determined
by some other procedure she Will not be
at liberty TO plOw up the roadway and
use 1t as her own. Thus reads
JUDGE PREWETT's DECISION.
SIN this easel find that the Supervisors.
| defendants, are in no way concerned in
the commission Of the alleged unlawful
acts charged IN the complaint. 1t is not
very clear that they have incurred auy
costs herein, but ii they have they will be
entitled TO a judgment against the plaintiff
Tor such costs.
LAS TO the controversy between the
| two principal ltigants, | think that the
acts charged in the complaint have not
| been committed.
ut IS true that the defendant, Mrs.
| Nalensln, did fence up the road. and it is
also true that she caused a culvert on the
| road 10 be removed, but she has not re-
newed the fence, and she has not so in
teriered with the property as to destroy
It's use as a road in common for herself
and plaintiff,
she testified that she does not intend
so to do, and see no reason to hold that
this testimony is false.
Il find that she did not pillow I'D the
road. This blowing up appears to be the
principal grievance OF which the plain
Tiff complains.
These alleged acts of destruction not
having been committed, and damages
1 being waived, there appears to be no good
reason why the court should interfere by
injunction. SUCH injuries as the plaintiff
may have sustained If sucn there be-
may be readily compensated in damages.
II becomes unnecessary to determine
the ultimate questions as to ownership
1t may be remarked, however, that the
road has undoubtedly ceased to be a pub
/ lie highway. l think it very doubtful if
( the defendant Naleusin is the sole owner
OF the fee to the soil formerly covered bv
the road The road has never been mar
tiLIOneu, and l discover no principle
which would therefore apportion the road
TO one tenant II common TO the exclusion
Of her fellows. I57 Mass. 479).
The road IS not part OF the adjacent
tract. \ different intent appears from
the decree IN Partition. 1t is, however,
unnecessary to determine this question
in this action.
Let the defendant EaIensin prepare
findings Tor her costs.
-. l.. PREWETT, judge"