Black v. City of Lewiston
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. A dedication of a street must be by the owner of tbe land or of an interest therein. (2 Dillon on Municipal Corporations, sees. 635-637; Irwin v. Bixion, 9 How. 10; Lee v. Lake, 14 Mich. 12, 90 Am. Dec. 220; Leland v. Portland, 2 Or. 46; Baugan v. Mann, 59 Ill. 492; Bovaston v. Payne, 2 Smith Lead.
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APPEAL from District Court, Nez Perces County. A dedication of a street must be by the owner of tbe land or of an interest therein. (2 Dillon on Municipal Corporations, sees. 635-637; Irwin v. Bixion, 9 How. 10; Lee v. Lake, 14 Mich. 12, 90 Am. Dec. 220; Leland v. Portland, 2 Or. 46; Baugan v. Mann, 59 Ill. 492; Bovaston v. Payne, 2 Smith Lead. Cas. 95; Betroii v-. Railroad Go., 23 Mich. 173; United States v. Chicago, 7 How. 185.) There must be an intent upon the part of the owner to dedicate, and this intent should clearly and satisfactorily appear. (Irwin v. Bixion, 9 How. 10; San Francisco…
1Opinion of the CourtHays, C. J.
The charter of the city of Lewiston gives to that corporation, among its powers, the right to control all streets, highways, squares, and other public grounds within its limits; and provides that it shall be liable to anyone for any injury to any person growing out of any casualty or accident happening to any such person on account of the condition of any street or public ground therein. The plaintiff claims to have been greatly injured by falling into a hole which the city had negligently suffered to remain in one of its public streets; that it occurred in the night-time, while he was…
2Cases cited17 opinions
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Beaver v. TaylorSupreme Court of the United States · 1876
- Haggart v. . MorganNew York Court of Appeals · 1851
- Hicks v. ColemanCalifornia Supreme Court · 1864
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3Cited by18 opinions
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Evans v. DavidsonIdaho Supreme Court · 1938
- Wyland v. Twin Falls Canal Co.Idaho Supreme Court · 1930
- Central of Georgia Railway Co. v. MooreSupreme Court of Georgia · 1919
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.