Mason County v. McReavy

Citations

• 84 Wash. 9
• 145 P. 993
• 1915 Wash. LEXIS 742

Syllabus

<p>Highways — Establishment—Prescription. A public highway is acquired by prescription, where, by a plat of abutting uplands, a public street was attempted to be dedicated over adjoining tide lands at that time belonging to the state, and use thereof by the public was continued for more than ten years after the upland owners had acquired title to the tide lands from the state.</p> <p>Same — Prescription—Public. A public highway may be acquired by prescription without the expenditure of public funds in improving the street.</p> <p>Highways — Obstruction ■ — ■ Nuisance — What Constitutes. A finding that an obstruction in a street was a public nuisance is sustained, where it appears that defendants, in the nighttime, without obtaining permission, built a structure extending across the street from’ thirteen to twenty inches above the surface of the street, with inclined approaches on each side.</p> <p>Appeal — Review—Amendments. After the introduction of evidence without objection, the complaint will be deemed amended on appeal to conform to the truth.</p>