Abraham Lent & Edison Electric Illuminating Co. v. Tilyou

Citations

• 106 A.D. 189
• 94 N.Y.S. 479

Syllabus

<p>Xeasing of land for places of amusement —an electric light company may not lay conduits in streets which lead to the leased land, but have not been accepted as public highways — the question of dedication is one of fact — use by the public does not make a private way a public highway.</p> <p>An owner of a tract of land, Who lays out walks through the same and leases portions of the tract abutting upon such walks to various individuals, who maintain on the premises leased by them places of public amusement, to which the public have, for thirteen years, obtained' access by means of the walks, is not obliged to allow an electric lighting company to lay conduits and other apparatus under the walks for the purpose of enabling the electric light company to supply one of the lessees with electric lights, where it appears that the private walks were never dedicated, or at least never accepted, as public highways.</p> <p>The question whether there has been a dedication and- an acceptance of land for the purpose of a public highway is one of fact. Mere dedication, without acceptance, does not constitute a public highway. The dedication of land for highway purposes may be partial or special.</p> <p>A private way opened by the owners of the land through which it passes for their own use does not become a public highway merely because the public are also permitted for many years to travel over it.</p>