Chafee v. City of Aiken

Citations

• 57 S.C. 507
• 35 S.E. 800
• 1900 S.C. LEXIS 68

Syllabus

<p>1. Cities and Towns — Streets—Jury.—What is a reasonable time within which a town must do some act to show its acceptance of a street, is for the jury, and in deciding it they may take into consideration not only time, but all facts surrounding the case.</p> <p>2. Jury- — Aiicen.—There was evidence here tending to show what map of the town of Aiken the legislature considered when granting it a charter, and there being some doubt as to which plat, the question was properly sent to jury.</p> <p>3. Cities and Towns — Streets—Burden or Proof. — When a municipal authority shows acceptance by the use of a part of a street, the burden of proof is on the other side to show that it did not extend to the entire street.</p> <p>4. Ibid. — Ibid.—A dedicated street may be accepted by a municipality in many other ways than by formal resolution.</p> <p>5. Ibid. — Ibid.—Resolution of a town council properly construed not to deprive it of the right to open a part of a street.</p> <p>6. Ibid. — Ibid.—Mere Non-user for a period of twenty years will not amount to such an abandonment as will bar the right of the town to open a street.</p> <p>7. Ibid. — Ibid.—Estoppel—Jury.-—-Municipality is not estopped, by merely remaining quiet for twenty years and permitting another to occupy a portion of a street, from asserting its right to open it, unless its conduct makes it inequitable for it to set up its claim, and this is for the jury.</p> <p>8. Harmless Error. — If any, it is harmless error to construe an act put in evidence without objection, which it is not necessary to construe in that case.</p> <p>9. Estoppel by conduct arises where there has been some act committed in consequence of which the party who sets it up has acted to his detriment or changed his position, or where party who should speak remains silent.</p> <p>10. Cities and Towns — Taxes—Jury.-—Acceptance knowingly by municipality of taxes on a part of a street enclosed by a taxpayer, is a circumstance to be considered by the