Whelan v. Boyd
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This action was to enjoin the excavation of what is claimed to be a private street or alleyway. The only question at issue seems to be, whether the land involved was or was not a public street. Findings were waived.
The court below held, in effect, that it was conclusively proved to be a public street, because it was laid down as such upon what 'is called the “ Engineers’ Map,” and “ Humphrey’s Map of the City and County of San Francisco,” and on that account would not allow the plaintiff to introduce proffered testimony upon the point that there had been no dedication by the owner of…
2Cited by5 opinions
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- Schmitt v. City of San FranciscoCalifornia Supreme Court · 1893
- Demartini v. City of San FranciscoCalifornia Supreme Court · 1895
- United States v. Certain Parcels of Land in Los Angeles CountyDistrict Court, S.D. California · 1945
- Scher v. BurkeCalifornia Court of Appeal · 2015