Larson v. Chicago, M. & St. P. R'y. Co.
South Dakota Supreme Court
Appeal from circuit court, Roberts county; Hon. Jambs H. McCoy, Judge. Action by Fred Larson as president, and others as trustees, of the incorporated town of Summit, and the town of Summit, against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiffs, defendant appeals. There must be a plain and positive intention to dedicate to public use; that this plain and positive intention is an essential element of dedication.
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Appeal from circuit court, Roberts county; Hon. Jambs H. McCoy, Judge. Action by Fred Larson as president, and others as trustees, of the incorporated town of Summit, and the town of Summit, against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiffs, defendant appeals. There must be a plain and positive intention to dedicate to public use; that this plain and positive intention is an essential element of dedication. Miles v. City of Los Angeles, 58 Pac. 190; DeGrillman v. Frawley, 1 So. Reporter 151; San Francisco v. Grote, 52 Pacific 126; Rosell v. Andrews, 8…
1Opinion of the CourtFuller, J.
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 *287&…
2Cases cited9 opinions
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