City of Columbus v. Payne

A thoroughfare, whether it be a road or a street or an alley, in order to be considered, in law as a public way so as to charge the locaL authorities with the duty of maintenance, must have been accepted as such by the legally constituted authorities of or for the political subdivision of the state sought, in the particular case, to be charged with neglect. Acceptance may be formal or it may he implied, but it is settled in our state that mere user by the public, without more, is not sufficient to constitute an inixolied acceptance. And in the case at bar user, in a limited way, by members of…