People ex rel. Howland v. Dreher

Citations

• 101 Cal. 271
• 35 P. 867
• 1894 Cal. LEXIS 1024

Syllabus

<p>Streets—Dedication—Intention—Acceptance.—A common-law dedication is the setting apart of land for public use, and to constitute it, there must be an intention by the owner clearly indicating by his words or acts to dedicate the land to public use, and an acceptance by the public of the dedication.</p> <p>Id.—Revocation Before Acceptance.—An offer to dedicate land to public use may be revoked by the owner at any time before it has been accepted by the public.</p> <p>Id—Question of Fact—Conflicting Evidence—Appeal. —Dedication is a question of fact to be determined by a jury, or by the court sitting as such, and where the court below has found an offer to dedicate land as a public street, but that the same was never dedicated as a public street, or used or accepted by the public as such, upon testimony involving a substantial conflict, its finding will not be disturbed upon appeal.</p> <p>Id.—Action to Abate Nuisance—Obstruction of Street—Rights of Relator—Agreement—Estoppel.—An action in the name of the people of the state upon the relation of a private person to abate a nuisance alleged to have been committed by the obstruction'of a public street is not brought to vindicate the private rights of the relator, or to secure for him any privilege not enjoyed equally by others; and the question cannot be considered in such action whether the relator had agreed with the defendant to open a public highway upon the line dividing their respective lands, or whether the defendant was estopped from objecting that the line is a public highway, because the relator incurred expense in grading it, and that he will suffer pecuniary injury if the road is not opened.</p> <p>Id.—Rights or Genebal Public.—An action for the obstruction of a street is brought by the people to conserve the rights which the general public have in the street as a highway, and when it fails to prove that it is a highway, the public has no rights to conserve.</p>