19 S.D. 284 | S.D. | 1905
The dominant question presented by this appeal from a judgment in favor of the plaintiffs and an order overruling a motion for a new trial is whether there has been an implied dedication and valid acceptance of that portion of Maple street which intersects the defendant’s right of way in the incorporated town of Summit, and which is now complete-dy obstructed by a snow fence, depot, and platforms erected by the railway company in the year 1895. The material facts may be. briefly stated thus: During the year 1881 appellant constructed its railroad directly westward’across the Sisseton
It may be stated as a general proposition that no particular formality is essential to an implied dedication or acceptance of land for a public use. Conduct on the part of the owner that is clearly expressive of an intention to dedicate usually amounts to dedication, if acted upon by the public in a manner which
While the division superintendent and roadmaster were without authority to make a valid dedication, their conduct, acquiesced in by the managing agents of the company for so long
The undisputed evidence shows that the building of the new depot on Maple street crossing, over the timely protest of the inhabitants, has resulted in material injury to the village, and occasioned persons residing on the north side of the track considerable inconvenience in getting in and out of the town-. In Whittaker v. Ferguson, (Utah), 51 Pac. 980, the rule applicable to a case like this is stated thus: “Where the public assume to appropriate land for public use, and the owner interposes no objection, but acquiesces in its continual use by the public for such a length of time that the public convenience and accommodation might be materially affected by an interruption of the enjoyment, an intention to dedicate will be presumed.”
In view of the entire record, which contains many con
There being no reversible error, the judgment appealed from is affirmed.