People ex rel. San Joaquin Co. v. Sperry

Citations

• 116 Cal. 593
• 48 P. 723
• 1897 Cal. LEXIS 593

Syllabus

<p>Dedication of Street—Findings—Conflicting Evidence—Appeal.— Where there is conflicting evidence as to whether what is claimed to be a public street, was or was not dedicated to public use by the owner of suburban land, findings that there was no dedication, or offer of dedication and acceptance by use by the public, which are sustained by the evidence for the defendant, will not be disturbed upon appeal.</p> <p>Id.—Use by Public without offer of Dedication.—A use by the public which is not referable to any offer of dedication on the part of the owner, does not prove the existence of a public street.</p> <p>Id.—Marking of Streets upon Unrecorded Map—Sales of Lots—Declarations of Vendor—Private Ways—Obstruction across Street —Absence of Intention to Dedicate.—The mere marking of streets upon an unrecorded map of a suburban addition to a town, where the purchasers of lots thereupon were informed by the vendor and his agent that the streets were not dedicated to public use, but were to be maintained as private ways, subject to the rights of persons to whom lots in the tract might be sold, to use them in connection with their land, does not constitute a dedication thereof to public use; and where there is evidence that obstructions were constantly maintained across the northern end of one of such streets by the owner of the land, and that it was never his intention to dedicate the street to public use, a finding that there was no dedication of the street, is sufficiently supported.</p>