Legal Opinion

Gwynn v. Homan

Indiana Supreme Court

Decided December 5, 1860PublishedCited by 12 opinions

APPEAL from the Hendriohs Common Pleas.

1Opinion of the CourtPerkins, J.

Iloman sued Owynn for obstructing a street in the town of Cartersburg, whereby special damages resulted to the plaintiff. Trial upon a general denial; judgment for the plaintiff.

The case turns upon the question, whether the place obstructed was a public street. All the evidence given upon the trial is in the record; and we think it fails to establish the fact of the street.

What is evidence of the existence of a street in a town or city? How may the faét be proved? It may be proved:

1. By a public plat of the town or city, on which the street is laid ■ down, together with user by the public of…

2Cited by12 opinions

  1. City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
  2. Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
  3. Faust v. City of HuntingtonIndiana Supreme Court · 1883
  4. Graham v. HartnettNebraska Supreme Court · 1880
  5. Gillespie v. DulingIndiana Court of Appeals · 1908

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