Megrath v. Nickerson

Citations

• 24 Wash. 235
• 64 P. 163
• 1901 Wash. LEXIS 520

Syllabus

<p>HIGHWAYS — PRESCRIPTIVE EIGHT — INTERRUPTION OF USE BY PUBLIC.</p> <p>A title by prescription to a highway did not inure to the benefit of the public from the fact that the public had been permitted for a number of years to travel a road across private premises, and that that portion of the road had been worked by the county during the absence of the owner, when there were distinct acts on the part of the owner, prior to the maturing of a prescriptive right, indicating an intention not to dedicate a highway, such as maintaining gates across the road, and posting notices thereon that it was private property, and demanding that the gates be kept shut.</p> <p>SAME —■ LAYING OUT VALIDITY.</p> <p>■ The fact that viewers appointed by the county commissioners to survey a road in pursuance of a petition therefor continue the survey beyond the limits set by the petition would give no authority to the county to establish a road beyond the point named in the petition.</p>