Town of Havana v. Biggs

Citations

• 58 Ill. 483

Syllabus

<p>1. Degree op evidence—in prosecution for obstructing highway. In an action to recover a penalty for an alleged obstruction of a public highway, in order to make out the plaintiff’s case, it is only necessary the defendant’s guilt should be established by a clear preponderance of the evidence. The action is a civil proceeding, and the rule governing criminal cases does not apply.</p> <p>2. -Instruction—as to whether an action is a favorite of the law. It is error to instruct the jury that such action is not favored by the law.</p> <p>3. Jury must decide the weight of evidence In such an action, it was held, erroneous to instruct the jmy, that the fact of the public traveling through a lane left by the owner of the land, did not amount to proof of dedication. It was for the jury to say how much that fact amounted to in the way of proof.</p> <p>4. Dedication—in what mode established. And an instruction directing the jury that the plaintiff was not bound to rely on the record alone to establish the existence of the road, but that he might rety on any facts which may constitute a road, that the road might exist part by record and part b3r dedication, and that if the owner of the land, through which the road run at the point of alleged obstruction, dedicated a portion of the road in question in exchange for a portion of a way laid out, the portion so dedicated would be a valid road, was regarded as improperly refused.</p> <p>5. To establish a highway by dedication, it is not necessary that an intention on the part of the owner of the land to dedicate the same at the time the public commenced using it, should be shown. Such intention may as well have been formed and entertained subsequently.</p>