104 Mich. 395 | Mich. | 1895
This is an action to recover the prescribed penalty for obstructing a public highway.
The defendant contends that, on the dissolution of the corporation, the title to the' land reverted to the abutting owner, who is the defendant in this case. The rule is stated in Elliott, Eoads & S. 54, that, if the corporation owning a turnpike suffers it to get out of repair, the franchise may be forfeited; and in that event the turnpike becomes a public highway of the governmental corporation having control of roads of like character. We think this is supported by abundant authority, and that a dedication to a turnpike road is presumptively made in contemplation of its continued use as a public highway, and implies the right of the public to continue its use on the termination of the corporation. Railroad Co. v. Com., 104 Penn. St. 583; State v. Maine, 27 Conn. 641; People v. Davidson, 79 Cal. 166. In State v. Maine it was held that the owner of land taken for a turnpike is presumed to have re
The judgment of the court below will be affirmed, with costs.
See How. Stat. §§ 1403, 1434.