McAlpine v. Chicago Great Western Railway Co.

Citations

• 68 Kan. 207
• 75 P. 73
• 64 L.R.A. 85
• 1904 Kan. LEXIS 89

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Dedication to Public Construed. A strip of land lying along the margin of a navigable stream was included in the plat of a city and dedicated to the public by the use of the word “levee” written thereon. Several streets opened upon this tract and many lots had no other means of ingress and egress except over and along it. Held, that its dedication included its use as a street as well as a landing-place for boats.</p> <p>2. -Abandonment Insufficient to Cause Reverter. Such strip of land is not abandoned by the public so as to cause a re-verter to the original dedicators or their, representatives because railroads have been permitted to lay their tracks and build depots upon it; nor because its use has been permitted for other unauthorized purposes; nor because river commerce has ceased and boats do not land upon it; nor because approach to the river margin has become difficult.</p> <p>3. - When Misuse or Non-use Causes Reverter. Land dedicated to a public use does not revert to the dedicators because of misuse or non-use, unless its use for the dedicated purpose has become impossible, or so highly improbable as to be practically impossible.</p>