Southern Railway Company v. Liley

1. The defendant by its demurrer contends that the petition does not allege whether the alleged street was a private street or way, or, in contemplation of law, a public street in that it had been regularly dedicated as such by legal authority, ox had been used as a public street for a sufficient length of time to become such a public street by prescription.

So far as the rights of these parties are concerned, it is not necessary that the street should have been a public street in either sense. If it was used by the public under circumstances as alleged in the petition, with the knowledge of…