Woodburn v. Town of Sterling
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. Frank- D. Ramsay, Judge, presiding. This is an action originally brought before a justice of the peace in the name of the town of Sterling, appellee, against the appellant, James H. Woodburn, to recover the statutory penalties for several obstructions to a highway in that town. The appellant denied the existence of the highway.
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Appeal from the Circuit Court of Whiteside county; the Hon. Frank- D. Ramsay, Judge, presiding. This is an action originally brought before a justice of the peace in the name of the town of Sterling, appellee, against the appellant, James H. Woodburn, to recover the statutory penalties for several obstructions to a highway in that town. The appellant denied the existence of the highway. The appellant was found guilty before the justice of the peace, and adjudged to pay a penalty of $20.00 and costs, from which judgment an appeal was taken to the circuit court. In the latter court, the trial…
1Opinion of the CourtJustice Magruder
It is not seriously disputed on the part of the appellant, that he intended to dedicate to the public, as a highway, the strip of land in question, running from the west end of Third street in the city of Sterling to the tract known as the Whipple tract. There is no claim here, that there was a public highway by prescription, but the contention is that such highway existed by dedication. Whether an owner of land has dedicated it to a city for the' purpose of a street, or to a town for the purpose of a highway, is simply a question of intention. This question of intention must be determined by…
2Cases cited16 opinions
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- City of Chicago v. DrexelIllinois Supreme Court · 1892
- Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1886
- Rees v. City of ChicagoIllinois Supreme Court · 1865
- Grube v. NicholsIllinois Supreme Court · 1864
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3Cited by3 opinions
- Clokey v. Wabash Railway Co.Illinois Supreme Court · 1933
- City of Rock Island v. StarkeyIllinois Supreme Court · 1901
- Miller v. Commissioners of HighwaysAppellate Court of Illinois · 1906