Stearns v. City of Richmond
Supreme Court of Virginia
Error to judgment of the circuit court of the city of Richmond, rendered January 22, 1891, in an action against said city, commenced by the late Franklin Stearns, and after his death revived in the name of his executor, the appellant here. The action was brought for injuries to property abutting on Twenty-first street, caused by the grading of that street.
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Error to judgment of the circuit court of the city of Richmond, rendered January 22, 1891, in an action against said city, commenced by the late Franklin Stearns, and after his death revived in the name of his executor, the appellant here. The action was brought for injuries to property abutting on Twenty-first street, caused by the grading of that street. The first count in the declaration charges that the city, in grading the street, excavated to a great depth, which left the plaintiff’s land without sufficient lateral support, in consequence of which so much thereof fell into the street as…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The first point made by the appellant is that Twenty-first street was not an established street when the injury complained of was done, and therefore that the city was a trespasser ah initio. The argument is that although the street is shown on *994Byrd’s map of tlie city, made in 1742, when the city was laid off, yet there was no acceptance by the city, within a reasonable time, of the dedication, which was essential to the completeness of the dedication; or, if there was, the easement, in the public has been lost by long non-user.
A sufficient answer,…
2Cases cited9 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- City of Quincy v. JonesIllinois Supreme Court · 1875
- Mears & Lewis v. DexterSupreme Court of Virginia · 1890
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3Cited by31 opinions
- Hoggard v. City of RichmondSupreme Court of Virginia · 1939
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
- Parke v. City of SeattleWashington Supreme Court · 1892
- Fisher v. Seaboard Air Line Railway Co.Supreme Court of Virginia · 1904
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