People ex rel. San Joaquin Co. v. Sperry

Henshaw, J. By this action plaintiff seeks to have a strip of land extending northerly and southerly across what is called Spend's Addition to the city of Stockton declared to be a public highway, and to remove obstructions therefrom. Judgment passed for the defendants, and from this judgment and from the order denying a new trial plaintiff appeals.

The determinative question in the case is whether the evidence supports the findings of the court against the alleged dedication.

Sperry’s Addition was suburban land adjacent to, but not within the corporate limits of the city of Stockton. In 1891, or in 1892, a plat was made of these lands, upon which they were subdivided into lots and blocks; streets were thereon indicated and named. The street in question was designated El Dorado street. It extended from North street, the northerly boundary oí the city of Stockton, to the farther limits of the tract. Thereafter some few lots were sold under descriptions referring to this plat. The map, however, was never placed on record, and during all of this time the land was enclosed with a substantial fence. Later, however, for the convenience of the purchasers of lots, the fence at the intersection .of El Dorado street and North street was removed. At the northerly end of El Dorado street was maintained not only a fence, but during part of the time a corral. The street was graveled not throughout its entire length, but up to the line of the corral, Purchasers of lots were informed that the streets were not dedicated to public use, but were to be maintained as private ways, subject to the rights of persons to whom lots in the tract might be sold, to use them in connection with their land. In April, 1893, the defendants caused to be filed with the recorder of San Joaquin county a map of the Sperry Addition containing upon the face thereof this reservation as to the streets. The northerly end of El Dorado street abutted upon the land of one Brown. The lower end of El Dorado street being open, the public could and did drive in upon the line [595]of said street, but were obliged to retrace their course when they came to the fence and corral at the upper end thereof. One Zinck, however, purchased a lot at the northerly end of El Dorado street and contiguous to the land of Brown. Zinck opened a passageway through his lot, and thereafter persons could drive along El Dorado street to the land of Zinck, and thence turning off of El Dorado street and passing through the land of Zinck could reach the Brown tract beyond.