McKenzie v. Gilmore

Citations

• 3 Cal. Unrep. 886
• 33 P. 262
• 1893 Cal. LEXIS 1054

Syllabus

<p>Highway—Dedication—What Constitutes.—Defendant, for the purpose of changing the course of a highway, opened a road through his land, fenced it on both sides, allowed it to be used by the public, and to be worked and controlled by the public authorities. Held, that the road was dedicated to the public.</p> <p>Highway—Dedication—Revocation.—Where a person dedicates land for a public highway he cannot afterward reclaim the same by showing that he was induced to make such dedication by the promise of a neighbor to give him the use of other lands, and that he had ceased to use such lands.</p> <p>Highway—Dedication—Abandonment.—A petition asking that a highway be vacated was presented to a board of supervisors. Viewers were appointed, and in their report they recommended that the highway be made a private road, and that the owners of the land over which the road passed give a deed to the county for the private road. The board made an order adopting the report, but no deeds of the land were ever made. Held, that the order of the supervisors was not an abandonment of the highway.</p>