Morse v. Zeize
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Steele county, to recover damages for trespass upon his land. The defendant pleaded that the locus in quo was a public highway.
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Plaintiff brought this action in the district court for Steele county, to recover damages for trespass upon his land. The defendant pleaded that the locus in quo was a public highway. At the trial, before Buckham, J., the court instructed the jury that the evidence failed to show any laying-out of a highway by the proper authorities, (the evidence showing an incomplete and imperfect proceeding for that purpose,) or any grant or dedication other than a common-law dedication, and left to the jury the sole question whether the evidence proved a common-law dedication. The jury found for the…
1Opinion of the CourtBerry, J.
The requisites of a common-law dedication of land to a public use are, on the part of the land-owner, an intention to dedi*36cate to such use, with an act or acts in pursuance thereof, and, on the part of the public, an acceptance. Wilder v. City of St. Paul, 12 Minn. 116, (192;) Brakken v. M. & St. L. Ry. Co., 29 Minn. 41; Washburn on Easements, *139. From the nature of the case no fixed rule can be laid down as to what particular conduct of the landowner will make out a dedication on his part. It is a conclusion of fact to be drawn by a jury, under proper directions, from all the circumstances of…
2Cases cited7 opinions
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- City of St. Paul v. ColterSupreme Court of Minnesota · 1866
- Denning v. RoomeNew York Supreme Court · 1831
- Bolles v. CarliSupreme Court of Minnesota · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Flynn v. BeiselSupreme Court of Minnesota · 1960
- Keiter v. BergeSupreme Court of Minnesota · 1945
- Shell v. PoulsonWashington Supreme Court · 1900
- Carpenter v. GantzerSupreme Court of Minnesota · 1925
- Ellsworth v. LordSupreme Court of Minnesota · 1889
12 more not listed; retrieve them via the Exa API.