Nicholas v. Salisbury Hardware and Furniture Co.

The defendant assigns as error the refusal of the trial court to submit to the jury the following issue tendered by it: “Is the property described in the complaint a public alley, as alleged in the answer?” The defendant'further assigns as error this part of the charge: “The court holds as a matter of law upon the evidence that the alleyway in controversy is not a public road.”

The defendant asserted in its answer that the plaintiff, or his predecessors in title, dedicated this alley to the public at large, and an acceptance of the dedication by the public generally and by the city of…