Brusseau v. McBride

I would affirm the judgment.

The case of Evans v. City of Brookings, 1918, 41 S.D. 225, 170 N.W. 133, seems to sum up the position of this court on public dedication with this statement: “what amounts to a dedication by implication depends upon the facts of the particular case, and no hard and fast rule can be laid down as a guide for the courts * * *.” The questions involved here are those applicable to dedication of a road by public use acquiesced in by the owners of the property traversed by the road over a period of fifty years. The pertinent findings of the trial court state:

“That Leo…