Kennedy v. Le Van
Supreme Court of Minnesota
Action of trespass for entering on plaintiff’s land, breaking down and destroying his fences, ploughing up and destroying his crops, digging ditches, and throwing up an embankment and roadway thereon, to plaintiff’s damage in the sum of $500. Defence, that the place where the supposed trespasses were committed was at the time of their commission, and had long been, a public highway, duly dedicated to, and accepted by, the public; that the defendant Le Yan was then and there…
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Action of trespass for entering on plaintiff’s land, breaking down and destroying his fences, ploughing up and destroying his crops, digging ditches, and throwing up an embankment and roadway thereon, to plaintiff’s damage in the sum of $500. Defence, that the place where the supposed trespasses were committed was at the time of their commission, and had long been, a public highway, duly dedicated to, and accepted by, the public; that the defendant Le Yan was then and there one of the supervisors of the town of Marion, in which town the said land of plaintiff is situated, and the defendant…
1Opinion of the CourtCornell, J.
Whenever, as in the case at bar, the matter in dispute concerns a common-law dedication by the oAvher, and an acceptance by the public, of an intermediate portion of a continuous thoroughfare or line of road, evidence of the construction of any improvement, or the making of any repairs upon such line of road, under proper public authority and direction, on either side of the disputed portion, but sufficiently near, under the circumstances, to raise a reasonable presumption that they Avere done mainly in reference to the public use of the Avholo line, and could only be beneficially enjoyed in…
2Cases cited4 opinions
- Green v. Town of CanaanSupreme Court of Connecticut · 1860
- Guthrie v. Town of New HavenSupreme Court of Connecticut · 1863
- Buchanan v. CurtisWisconsin Supreme Court · 1869
- Scribner v. BluteWisconsin Supreme Court · 1871
3Cited by5 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Price v. Inhabitants of BreckenridgeSupreme Court of Missouri · 1887
- Morse v. ZeizeSupreme Court of Minnesota · 1885
- Baldwin v. City of SpringfieldSupreme Court of Missouri · 1897