Deren v. City of Carbondale

Mr. PRESIDING JUSTICE GEORGE MORAN,

dissenting:

The rationale of the majority opinion is based upon its conclusion that the street in question was designed and built solely for vehicular traffic. However, there is no proof in the record it was so restricted by dedication, statute or ordinance. Therefore, the conclusion of the majority is wrong.

“* * * When highways are not restricted by their dedication or statute to some particular mode of use they are open to all suitable methods of travel. A street is made for the passage of persons and property, and the law cannot define what exclusive means…