Mohr v. Pierce County

Citations

• 65 Wash. 370
• 118 P. 321
• 1911 Wash. LEXIS 930

Syllabus

<p>Highways — Abandonment—Vacation by Nonuseb — Statutes — Construction — Eeeect oe Amendment. Bal. Code, § 3803, providing that any county road that has been or may hereafter be authorized which remains unopened for public use for five years is hereby vacated, cannot, since the date of the act of 1909 (Rem. & Bal. Code, § 5673) adding a proviso to that effect, have any application to streets dedicated in town plats (withdrawn on rehearing).</p> <p>Highways — Abandonment — Evidence-—SumsrciENcy. A street dedicated in a town plat was not abandoned by five years’ nonuser, under Bal. Code, § 3803, where it appears that it was cleared up, graded, and opened for public use in 1890, and was open for public use until 1908, when it was obstructed by defendant.</p> <p>Appeal — Review — Findings. Findings on conflicting evidence will not be disturbed on appeal where the evidence does not so preponderate on one side or the other as to warrant interference.</p>