Hibberd v. Mellville

Citations

• 3 Cal. Unrep. 879
• 33 P. 201
• 1893 Cal. LEXIS 1058

Syllabus

<p>Highways—Dedication—Evidence.—In an Action for Trespass, where defendant alleges that the land entered on was a public highway, it appeared that the line of the road for nearly its whole length had been changed from time to time by the owner of the land; that during all the time the public had been permitted to use the road it had been barred by several gates, to be opened and closed by persons passing over it; that for twelve years no work had been done or public money expended thereon by the road overseers; and it did not appear that there had been before that time. Held, that the road had not become a highway by dedication.</p> <p>Highway—Dedication—Evidence.—A Question, “For the Last ten or fifteen years, how many people have used that road or traveled it?”—was properly excluded, since its answer, would hot have shown an intention of the owners to dedicate the road to the public.</p>