Daniels v. People
Illinois Supreme Court
This case was an indictment against the plaintiff in error for obstructing a public highway, leading from Princeton to Green River, in said county, on the 11th May, 1857. The defendant was convicted at the April term, 1858, of the Circuit Court of said county, Ballou, Judge, presiding, to reverse which judgment this writ of error is prosecuted.
Read the full summary
This case was an indictment against the plaintiff in error for obstructing a public highway, leading from Princeton to Green River, in said county, on the 11th May, 1857. The defendant was convicted at the April term, 1858, of the Circuit Court of said county, Ballou, Judge, presiding, to reverse which judgment this writ of error is prosecuted. On the trial of the cause, the People introduced proof tending to show that a road was surveyed and staked out at the place obstructed, running westerly from Princeton to Green River, in said county, in 1844: also proof tending to show that said road,…
1Opinion of the CourtWalker, J.
The public may acquire the right to use land for a public highway, by dedication, by user in the nature of prescription, or by condemnation in the manner prescribed by the statute. But whether the right be acquired by one or another of these modes, is immaterial. Evidence of an express grant or dedication by the owner of the soil, and an acceptance by the public, and its use by travel as a highway, and repairs mado by the proper authorities, establishes its existence, and the right of the public to its use. Starkie, in his work on evidence, vol. 2, p. 665, says, “ Evidence to prove a public…
2Cited by8 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- City of Chicago v. BordenIllinois Supreme Court · 1901
- Burrows v. GuestUtah Supreme Court · 1886
- State ex rel. Boardman v. LakeNevada Supreme Court · 1873
- Grove Bridge Co. v. State Ex Rel. HamptonSupreme Court of Oklahoma · 1928
3 more not listed; retrieve them via the Exa API.