Harris v. Blake

Citations

• 60 Cal. 497
• 1882 Cal. LEXIS 498

Syllabus

<p>Dedication of Stbebt—Abatement of Nuisance—Injunction—Action by the State.—In an action by the people of the State to have certain premises in the City of Oakland adjudged to be a public street and for the abatement of obstructions therein, and for an injunction the Court, (upon the evidence stated in the opinion), found that the land in question was the property of the defendants, and had never been dedicated by them or their predecessors in title as a street, and judgment was entered for them accordingly. (McKee, J., and Boss, J., dissenting.) Held: The evidence shows a dedication by defendant’s grantors; and the Court erred in finding to the contrary. The elements entering into and constituting a dedication, viz., an intention by the owner, clearly indicated by his words or acts to dedicate the land to public use, and an accept- . anee by the public of the dedication, established by the use by the public of the land for the purpose to which it had been dedicated, are clearly manifested.</p> <p>Id.—Evidence.—On the trial the relator offered to prove certain declarations by predecessors in title of the defendant (before any conveyance by them) to the effect that the premises in controversy were a public street, but the evidence was excluded by the Court. Held: The evidence was admissible.</p>