Waggeman v. Village of North Peoria

This was a prosecution against appellant for obstructing a public street in violation of an ordinance of appellee, and resulted in a fine against appellant.

The burden was on the village to show by a clear preponderance of the evidence not only the placing of the obstruction, but that there was a public highway at the point where the obstruction was placed. The placing of the obstruction is admitted, and as the appellant holds the fee to the land over which the alleged public street crosses, the only question in the controversy is whether a dedication has been made by him.

Appellee was…