Roche Realty & Investment Co. v. Highlands Co.
South Dakota Supreme Court
Appeal from the Circuit Court, Brown Count)’. Hon. Frank McNulty, Judge. Action by the Roche Realty & Investment Company against The Highlands Company, to enjoin- defendant from obstructing an alleged public highway. Trial to the Court. From a judgment for defendant and from an order denying a new trial, plaintiff appeals.
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Appeal from the Circuit Court, Brown Count)’. Hon. Frank McNulty, Judge. Action by the Roche Realty & Investment Company against The Highlands Company, to enjoin- defendant from obstructing an alleged public highway. Trial to the Court. From a judgment for defendant and from an order denying a new trial, plaintiff appeals. Dedication is a common law method of creating public easements. 13 Cyc. of Daw & Prace., 437-8. A dedication differs from a grant in that there need be 1101 grantee in esse at the time of dedication. Id. 439, 440. Public easements differ from private; in that there is no…
1Opinion of the CourtHaney, J.
This is an action to enjoin the defendant from obstructing an alleged public highways. The appeal is by the plaintiff from a judgment in favor of the defendant, and an order denying the plaintiff’s application for a new trial.
The defendant owns the N. W. ¡4 of section 12, township 123, range 64. The city of Aberdeen is partially situated in the S. W. Rj of the same section; the north boundary of the city being the south boundary of the defendant’s land. Main street extends through the S. W. 4 °f section 12, about 1,788 feet east of and parallel to the west line of the quarter. The plaintiff…
2Cases cited4 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Larson v. Chicago, M. & St. P. R'y. Co.South Dakota Supreme Court · 1905
- Hughes v. Board of Com'rsSouth Dakota Supreme Court · 1910
- Centerville Tp. v. JenterSouth Dakota Supreme Court · 1910
3Cited by12 opinions
- First Church of Christ v. RevellSouth Dakota Supreme Court · 1942
- Smith v. SponheimSouth Dakota Supreme Court · 1987
- Tinaglia v. IttzesSouth Dakota Supreme Court · 1977
- Gore v. BlanchardSupreme Court of Vermont · 1922
- Haley v. City of Rapid CitySouth Dakota Supreme Court · 1978
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