Dahlstrom v. Anderson

Citations

• 56 Wash. 575
• 106 P. 127
• 1910 Wash. LEXIS 850

Syllabus

<p>Highways — County Roads — Establishment — Evidence — Sufficiency. The evidence is insufficient to show the establishment of a county road over certain lands, where the county commissioners’ record of an order establishing the road was so indefinite that it could not be located with reference to the government subdivisions, and an engineer’s projection of the field notes of the survey did not bring the road within 100 feet of the land in question, and there was no proof that the road as opened by the supervisors passed over the land.</p> <p>Same. Proof of user, in early times, of a road as a public highway, is not proof of establishment of a county road over the tract by county officers.</p> <p>Highways — Establishment—Prescription. A public highway by prescription over certain lands is not established by proof that, in an open country, a road had been used in the general direction claimed, changes having been made in the travel as the country settled up until the whole section was platted, with streets and cross streets, and at the time of the trial the change in travel was so complete that no part of the original way remained in existence unless over the particular strip, public buildings and dwellings having been built in the road as shown by the earlier maps, portions of it having been fenced, and no part of it having been used as a road for many years.</p>