People v. Eel River & Eureka Railroad

Citations

• 98 Cal. 665
• 33 P. 728
• 1893 Cal. LEXIS 975

Syllabus

<p>Dedication of Highway—Conflicting Evidence. — Where the evidence is conflicting, the finding of the trial court that the land in controversy was dedicated as a public highway by the defendant, and that the public accepted such dedication, will not be disturbed upon appeal.</p> <p>Id.—Placing of Gates across Road—Intention to Dedicate.—Although the placing of a gate across a road which has been used by the public as a highway may be evidence of an intention not to dedicate the road to public use, yet it is not conclusive, and is not inconsistent with an intention so to dedicate it; and the fact that the gate was left open during the day and only closed at night, for the purpose of preventing injury to those who used it, or of preventing the public from driving upon the property of the party who constructed and opened the road, is consistent with a dedication.</p> <p>Id. —Permissive User Where it appeared that the road had been used by the public as a highway for several years prior to the placing of the gate across the road, the placing of the gate across the road would not indicate a permissive user.</p> <p>Id—Dedication by Corporation —Testimony of Directors.—Testimony of the directors of a corporation defendant, which had constructed a road upon its land, that it was the intention of the corporation at the time of the construction of the road to make it a public road, and that the land was purchased for that purpose, is admissible in an action to have it declared a public highway, to show that it was the intention of the defendant to dedicate the land as a highway when it constructed the same; and it was not necessary that a formal resolution of the intention of the corporation should have been entered upon its minutes.</p> <p>Id.—Dedication by Railroad Corporation not Ultra Vires. —The act of a railroad corporation in dedicating a portion of its land as a highway for the public is not ultra vires.</p> <p>Id.—Unauthorized Agreement of Directors—Ratification by