Hazel Williams, overseer of road district No. 1 in Victoria township, Custer county, Nebraska, brought this action to restrain the defendant Patrick B. Riley from trespassing upon and obstructing a public road, and from placing or putting -a fence therein. On the final hearing the injunction ivas made perpetual, and the defendant has appealed.
Riley is the owner of the southwest quarter of section 28, township 19, of range 21, in Ouster county. It is alleged in the plaintiff’s petition that in the year 1884 a
It is further urged that defendant’s encroachment upon the road had been removed previous to the commencement of this action, and that there was then no existing, continuing or threatening nuisance or trespass to call for the interposition of the court. We cannot overlook the fact that Riley had commenced to obstruct a thoroughfare which had been traveled for more than 15 years; that he did this under a claim of right, insisting that the road encroached upon his land, and that the true line of the
Because of the great length of time Avhich the road has been traveled and Avorked by the public, the court Avas fully justified in interfering to prevent its obstruction, and Ave recommend that the decree appealed from be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the decree appealed from is
Affirmed.