City of Chicago v. Stinson

Citations

• 124 Ill. 510
• 17 N.E. 43

Syllabus

<p>1. Dedication—of the proof to establish a dedication—elements to be' considered. Before title can be divestecl by dedication, the proof must be very satisfactory, either of an actual intention to dedicate, or of such acts or declarations as will equitably estop the owner from denying such intention.</p> <p>2. The two prominent elements to be considered in determining whether there has been a common law dedication or not, are the intention of the-owner to dedicate, and the acceptance by the public of the intended dedication. The land owner must do'Some act, or suffer some act to be done,, from which it can be fairly inferred he intended a dedication to the public..</p> <p>3. Same—use by the public or by individuals, as showing there was a-dedication. Long use of land for a street, with acquiescence in such use by the owner, is sometimes regarded as in and of itself evidence of a dedication. But in cases of implied or presumed acquiescence or consent on the part of the owner, very much depends upon the location of the road or street, the amount of travel, the nature of the use of the public, the knowledge of the owner, and like circumstances. Acquiescence with knowledge of the use by the public, without objection, is not conclusive evidence of a. dedication, for it may be rebutted.</p> <p>4. Where land has been uninclosed for more than twenty years, as well as that lying around it, the mere fact that parties may have traveled over it in passing back and forth between a street and an avenue, does not, of' itself, indicate an intention to dedicate the land so used.</p> <p>5. Ditching across an uninclosed lot, at an early period, by private parties, for the purpose of draining their own land, and throwing up the earth to the center of a traveled way, without the knowledge or consent of the owner, is not sufficient to show a dedication of a street across^ the lot by the owner.</p> <p>6. Nor will the fact that private parties laid planks over mud-holes over the lot on t