Burr

City & County of San Francisco v. Burr

Good Law
1894 Cal. LEXIS 1286·4 Cal. Unrep. 634·36 P. 771
Supreme Court of CaliforniaMay 14, 1894No. 15,326California444 words

Opinion

Lead Opinion

Haven, J.

1.The finding of the court that the land described in the complaint was dedicated as a public street is fully justified by the evidence set out in the bill of exceptions. It appears therefrom that the city of San Francisco was the original owner of said land, as successor of the former pueblo of Yerba Buena, and -of the lots adjacent thereto, and that such adjacent lots were sold by it with reference to the map found in “Book B. D. R., Alcalde Grants of 100-Vara Lots in the Laguna Survey,” upon which map, as well as upon the subsequent official maps of the city, known as the “Eddy Maps of 1850 and 1851, ’ ’ the land in controversy is sufficiently represented as a public way. It is true it is not named as a street on either of these maps, but, to use the language of the court in City of Indianapolis v. Kingsbury, 101 Ind. 209 , “its shape, situation, and dimensions,” as laid out on each, “show it to be a way of some kind.” It is not numbered as a lot, nor does it correspond in form or size to the lots appearing on the maps; and the lines which mark its boundaries, as shown ■by each map, clearly indicate that they were intended to represent the lines of a street, and certainly, when…

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