Stone v. Brooks

Citations

• 35 Cal. 489
• 1868 Cal. LEXIS 118

Syllabus

<p>What Constitutes a Public Street in San Francisco.—Under an Act of 1862, rclating to the City of San Francisco, (Stats. 1862, 393, Sec. 1,) the mere dedication of land by the owner to public use, as public streets, lanes, alleys, or other public places, converts it into public streets, lanes, alleys or other public places, for the purposes of said Act, without any formal acceptance of the same as such by the Board of Supervisors, who may thereafter improve them in the manner provided by law, although until this is done there may not be any obligation to keep them in a safe or passable condition for public use.</p> <p>What may be Dedicated as a Public Street.—A street or court, which is a mere cul de sac, may be dedicated to public use in like manner as a thoroughfare. What Constitutes a Dedication op Land by the Owner to Public Use as a Street.—M., who was the owner of the middle one of three adjoining one hundred vara lots, which filled the space between Second and Third streets, in the City of San Francisco, offered it for sale, and sold portions of it at public auction in parcels or subdivided lots, each having a width of twenty-five feet, and fronting on either side on an extension of Perry street, which at that time, so far as actually opened, was but a cul de sac, extending at a right angle from Third street midway through the adjoining one hundred vara lot lying on Third street, and terminating at M/s said lot. But at said sale M. had represented on a large map, by which the sale was made, said subdivided lots as each fronting on an extension of Perry street, made midway through her said lot, and terminating at the other adjoining one hundred vara lot lying oh Second street. The sales were made to the highest bidder, and were absolute. Sold, that in law this constituted •a dedication by M. of that portion of her lot which was represented on said map as an extension of Perry street to public use as a street, and as such, was thereafter subject to the jurisd