Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 178)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913. Excerpt: ... ting of the land abutting thereon and the sale of lots to plaintiff and other purchasers and the erection of buildings on such lots, and that plaintiff had erected a dwelling and store to which such strip of land was the only means of ingress and egress, the acts of defendant constituted a dedication of the land for a street, regardless of any secret intention that the way should be a private one. p. 097. 8. Dedication.--Estoppel to Deny.--Highways.--A landowner will be estopped from denying a dedication of land for a highway, when other persons have acted on his open acts and conduct. p. 697. 9. Dedication.--Use for Twenty Years.--Presumption of Intention.--Where the use of an easement has continued for more than twenty years, the Intention of the owner to dedicate will be conclusively presumed, p. (598. 10. Dedication.--Streets.--Railroads.--Application of Statute.--Section 5244 Burns 190S, Acts 1S99 p. 477, providing that the use by the public of the right of way or depot grounds of any railroad shall not ripen Into a right to continue to do so, even though such use has continued for a period of twenty years or more, does not apply where a railroad company by its conduct dedicated a strip of land to the public for highway purposes, p. 698. 11. Highways.--Closing.--Measure of Damages.--The measure of damages where a highway is closed so as to cut off accessibility to the property of an abutting owner, is the difference between the fair market value of such property before and after the closing, and evidence as to such values need not be limited to the value on a particular day before or after such closing, p. 699. 12. Appeal.--Review.--Conflicting Evidence.--Verdict.--Conclusiveness.--It is not the province of the court on appeal to weigh conflicting ev...