Legal Opinion

City of Seattle v. Kelleher

Supreme Court of the United States

Decided November 28, 1904No. 29PublishedCited by 81 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. The facts are stated in the opinion. The intention to dedicate and the acceptance of the city appear and constituted a valid common law 'dedication. Elliott on Roads and Streets, Ch. V, 85; Dillon on Mun. Corp., 4th ed., vol. 2, 737; 5 Am. & Eng.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. The facts are stated in the opinion. The intention to dedicate and the acceptance of the city appear and constituted a valid common law 'dedication. Elliott on Roads and Streets, Ch. V, 85; Dillon on Mun. Corp., 4th ed., vol. 2, 737; 5 Am. & Eng. Ency. of Law, 395; New Orleans v. United States, 10 Peters, 662; City of Cincinnati v. White, 6 Peters, 431; Godfrey v. City of Alton, 12 Illinois, 29; Surgeant v. Bank, 4 McLean, 339. An incomplete statutory dedication may become one at comjnon law by acceptance by…

1Opinion of the CourtJustice Holmes

This is an appeal from a decree of the Circuit Court declaring an assessment upon the plaintiff’s land void under the Fourteenth Amendment, and enjoining the city against enforcing..the'same. The facts are these: Weller Street, in Seattle, runs east from Elliott Bay, and formerly stopped at the east line of Maynard’s Donation Claim. The land now belonging to the appellee, the plaintiff below, is a hundred acres lying on the east of that line, extending to the line of the Jackson Strqet Addition. Weller Street, if extended eastward, would run through the middle of this land for twenty-five…

2Cases cited4 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  3. Webster v. FargoSupreme Court of the United States · 1901
  4. Williams v. Supervisors of AlbanySupreme Court of the United States · 1887

3Cited by81 opinions

  1. Welch v. HenrySupreme Court of the United States · 1938
  2. Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
  3. Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
  4. Phillip Wagner, Inc. v. LeserSupreme Court of the United States · 1915
  5. Llinois Central Railroad v. MinnesotaSupreme Court of the United States · 1940

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