Helm v. McClure

Citations

• 107 Cal. 199
• 40 P. 437
• 1895 Cal. LEXIS 734

Syllabus

<p>Dedication of Highway—Question of Fact—Evidence of Intention— Public User.—Whether a dedication of land for highway purposes has occurred in any instance is a conclusion of fact to be drawn from the circumstances of the particular case; and such circumstances must clearly show an unequivocal intention manifested by the owner to devote bis land to wayfaring uses; and the public must accept the proffered dedication in accordance with the apparent offer of the owner. Such acceptance may be signified by public user.</p> <p>Id.—Dedication of Avenue—Sale of Abutting Lots—User—Conflicting Evidence as to Intention.—Where the evidence shows that an avenue, in the form of a cul de sac, was opened by the owner of land, , and that, from time to time, he sold parcels of land abutting on both sides of the avenue, which opened into the public street of a town, and declared to lotowners that the avenue was intended as a street for their benefit, and the avenue was used by the owners of the lots and by many other persons as a public passage for many years, to the knowledge of the original owner, and without objection from him, the court is justified in finding the dedication of the avenue as a highway, notwithstanding a denial by the original owner of the land that he had dedicated the land for highway purposes, or had any intention of doing so, and notwithstanding other conflicting evidence of acts and declarations on his part inconsistent with such intention.</p> <p>Id.—Testimony of Owner as to Intention not Conclusive.—The testimony of the owner of land as to his intention not to dedicate it to public use is relevant, but not conclusive, evidence upon the subject of his actual purpose. g</p> <p>Id.—Obstruction of Highway—Abatement of Public Nuisance—Special Damage.—Where obstructions in a public highway cut off access to the highway from the land of an abutting owner, such owner sustains injury in such a special sense as to entitle him to maintain an action for the abatement o