Talbott v. Richmond & Danville R. R.

Citations

• 31 Va. 685

Syllabus

<p>1. C and G owning lots in Richmond each bounded east by Seventeenth street, and separated by what was at one time the bed of Shockoe creek, but from which the water of the creek had been diverted, enter into a deed by which they fix the boundaries of their lots respectively, and they covenant and agree that there shall be between their lots a street thirty feet wide extending from Seventeenth street westwardly to the eastern boundary of their lots, and that said street shall be forever kept open as a highway and common for the use of the persons who may be the owners of the lots or land hounded on either side of said street. The street thus provided for did not extend west to any street or alley—Held :</p> <p>1. Looking to the whole deed and the surrounding circumstances, there was not a dedication of the street to the public generally, but only to the owners of the lots or parts of the lots spoken of in the deed; and it is not, ' therefore, a street over which the city authorities have control, and can authorize a railroad company to lay its track along it.</p>