Railroad Co. v. Village of Roseville

Citations

• 76 Ohio St. (N.S.) 108

Syllabus

<p>Establishment of street by common la%v dedication — Must be shown land-owner intended donation of same — Railroad company permits use of way over tracks for forty years — Not proof of dedication to public, when — Acceptance by city not proven by use, when — Requirements for title by prescription — Presumption as to permissive use.</p> <p>1. To show the establishment of a street by a common law dedica-’ tion, it is essential to prove clearly that the owner of the land intended to donate it for that use, and to prove also an acceptance.</p> <p>2. An intention by a railroad company to dedicate a street is not clearly shown by proof that a way over its tracks and unen- ° closed lands had been used for about forty years by the public, when during the entire time the way was maintained by the company, and was used by its patrons, and the use by the public was merely permissive.</p> <p>3. An acceptance, by a city or village, of the dedication of a street cannot be shown by proof of user by the public, but it is essential that acts of acceptance by its proper officials be shown.</p> <p>4. Title by prescription to a public street can be shown only by adverse user by the public, under a claim of right, and uninterrupted for twenty-one years.</p> <p>5. When a railroad company maintains a way or street over its tracks and unenclosed land for about forty years, for the use of its patrons, and incidentally it is used also by the public, the presumption is that the user was permissive.</p>