Union Company v. Peckham

Two questions are raised in this case. First, whether the strip of land called Narragansett Avenue is a public way by dedication; and, second, whether, otherwise, the plaintiff is estopped, by reason of the deed of a common grantor prior in date to the plaintiff’s deed, from interfering with its use as a way by the Rhode Island Society for the Encouragement of Domestic Industry, under whose authority the defendants justify the alleged trespass. The rule in regard to highways by dedication is thus stated by Greene, C. J., in Hughes v. Providence & Worcester R. R. Co. 2 R. I. 493, 499: “To make…