Quinn v. Anderson

Citations

• 70 Cal. 454
• 11 P. 746
• 1886 Cal. LEXIS 816

Syllabus

<p>Public Highway—Dedication — Conclusion op Fact—Intention. — The dedication of a road as a public highway is a conclusion of fact to be drawn from all the circumstances of each particular case, and cannot be presumed without evidence of an unequivocal intention on the part of the owner to make the dedication.</p> <p>Id. —Erection op Gates over Road. — The erection and maintenance of gates or other obstructions over a road is strong evidence in support of a mere license to the public to pass over it, and in rebuttal of its dedication to public use.</p> <p>Id. —Evidence op Dedication. —Stronger evidence is required to establish the dedication of a neighborhood or timber road than of a thoroughfare,</p> <p>. and in case of a county road than of a street in a town or city.</p> <p>Id.—Action to Enjoin Obstructions—Damages—Findings—Immaterial Issue. —In an action to enjoin the obstruction by the defendants of an alleged public highway over their land, and to recover damages for past obstructions, the issue raised as, to the damages is immaterial, and no finding thereon is necessary if the court finds that the locus in quo belongs to the defendants, and never was a public highway.</p>