Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-28
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CIVIL COURT OF APPEALS.
Full. Report Of Decisions Rendered by The
Court Tor tho Second District.

No. 10. Franz Albert, appellant, W. The
Gulf Colorado ANA Santa fc Halfway
company, appellee Appeal from Cooke
county district court
OPINION.
Appellant was the owner OF about ten
acres of land within the corporate limits
OF the city OF Gainesville ana On March
1881, conveyed Us OF nu aero tO j. NJ Lnd-
say by warranty decd ana received "a Nulu-
able consideration therefor This deed
called for the south line NJ appellants
tract pnd made no ullusion 10 there being
n road or street along tha line. rhis lana
appellee and was nftrWnid conveyed by
hlm 20 a. Appellee established its yards
round houses ANA shops upon this lana ne
and south thereof uud erected Whnt NJ
termed It's sand house ou the south Hue OF
Tho tract 80 co19iy}Sd 10y appellant ana IN 20
road or street. VI such there WAS. along this
line Appellant instituted this emit uiles-
Ing That . public f9au on street ma cAlst'
vcycd hy hliu for "a number OF years nuu
that by reusOu of the obstruction of said
street Ry appellee he had been damase1
some houses owned by him near such OBJ
Appetite asvrrci denying thc cxi.tancc
or surl, public ruul ur street. and also
pleaded tstOpfe against appellant hy rca-
con of his conveyance aforesaid.
Upon the question ~ w whether or not
gave the following murrciinn to the jury;
'lo constitute a public highway outside
the corporate limits of town or city ~
~ necessary that II SHOULD hNve hVen used
hy tlir public ns 1lVh ana recognized ps,
unth hy me puhhe oih nls or tribunals Of
the country lMoqgh which IL ums having
chnrgu Of The Hnhilc ronds hy suule official
ect such ~ by Designating Il upon the
Official pcor'is ora such. ASST euug huuus 10
work a. making approximations Tor its im-
prurpWpui ur snuh other acts iudieNtug un
nccrptdncc ol !, ns a public highway. and
withlp The corporate limits. OF q town 0r
CITY A a. necessary tlut 70 should have
been med ns such aud accepted aH such hy
Mo city council by some uct assuming con-
mol over &c ana sufficient M tho opinion 0i
me iury 90 establish tlmt II waa accepted
pulllc highway" ~ this were "a SUITE tO
frdcr ihp municipality liable for negh.
gpncp n Falling 90 repair me highway the
definition given 10y The cuutt would pprhapa
hC objectionable. hut We are Of opinion
,hli Nc q too restricted when tho evidence
raises the Issue aa % whether or NOT d
highway had he0n dedicated 90 the puhli,
nuU accented hN 70 rn as 90 prohibit thi
revocation ~ sueh dedication. u hns hcOr
frequently Hgil ln THIS state Tint 90 ren
der the municipality liahlo for failure I,
ronnlr hifhWny Dedicated 90 the publ,
Il Is necessary that it 8onlA be ncCeptef
by the municipal authorities, no persoI
having the right 20 Impose this burdeI
upOn the public without their consent, Gii
der Vs. Tho city OF nrenham. 90 Texas
cngeg which might be construed aH holliui
that an acceptance 10y such authorities
would be nccessary TO constitute pnhn
rOad or street for any purpose. Worhlug
ton Va Wade Sc Texas 90; Railway W
Montgomery, 10 =, w, Rep. 1910, But VI