Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-09-12
REScRlPTS.
CONTINUED from Page Nine)


teriaI having been done to improve the
park. the defendant raised among the
lot owners 500 or more, to which the
plaintiff added SIS, and this money was
expended by the defendant in grading,
fertilizing and seeding TO grass inc
mark: that the lot owners, and the pub
lie generally, have used the park since
it was laid out for crossing ana re-
crossing it. and as they pleased.
! The adjoining lot owners, particular
" the defendant objected to the grass
remaining uncut on the locus till IT
ripened into hay, or late in the season.
claiming that the park was thereby
rendered less suitable for use and less
attractive, and they offered to care for
it at their own expense and cut 1t
early and often
On the other hand the superintend-
ent of the association claimed that the
| hay belonged to him as compensation
for services, and that he was to cut
it twice each year which was often
enough. He forbid the defendant to
cut it. on the 18th day Of June, 1907,
the grass was cut by the defendants
direction and the superintendent was
notified to remove it if he desired. This
action was Immediately commenced.
Dedication is the intentional APP
preparation of land by the owner to
some proper public use, reserving to
himself no rights therein inconsistent
| with the full exercise and enjoyment
of such use The intention to dedica-e
| is the essential principle, and when
ever that intention on the part of the
| owner of the mill exists in fact and
| is clearly manifest, either by his words
| or acts, the dedication, so far as he Is
| concerned is made. If accepted and
| used by the public for the purpose in
| tended it becomes complete, and the
owner of the soil is precluded from.
| asserting any ownership therein that
| is not entirely consistent with the use
| for which it was dedicated.
| The doctrine of dedication is ap-
| plicable to public parks and squares,
and the fact of dedication may be es-
| tablished in the same manner as in
| the case of dedication of streets and
| highways
The word park" written upon
block on map of real estate indicates
a public use; and when the owner of
such real estate makes conveyances
of portions thereof by express refer
ence to such map, such acts on the
part of the owner if unexplained
operate as a dedication to the public
use of the block so marked
Applying these principles in the case
now under consideration we find all
the essential elements of a complete
dedication.
Here was a dividing of a tract O.
no intn
small lots for sale, the setting apart
of portion of the tract for a park,
the representation of the plating by
a plan showing the lots by numbers
and the locus as BAY View Park"
the exhibition of the plan to pur-
chasers, the selling of lots by express
reference to the plan. the promise that
the park should be graded and kept
open as such, and it's use by the lot
owners and the public generally at
their pleasure continuously for a long
period of pears during which they
have improved and beautified it al
their own expense.
An intention on the part OF the
plaintiff to dedicate the locus to the
public use as park was thus clearly
manifested by its acts and statements
intention so expressed the public ana
individual citizens had right to act,
and did act, purchasing lots with the
assurance that they were to have the
full benefit and enjoyment of the locus
as a public park, and entering upoh
and using the same for such purpose.
The conclusion therefore must be that
complete dedication has resulted.
III, Inlt offn 1,
the defendant a justification of his
acts complained Of 1t is true that
the fee of the soil remains in the
plaintiff for a common law dedication
does not pass the fee; but by the dedi-
cation the plaintiff is stopped from
exercising any use and control of the
locus inconsistent with the full use,
benefit and enjoyment of it by the
| public as park.
A park may be defined as piece Of
ground set apart to be used by the
public as a place for rest, recreation,
| amusement and enjoyment The full
use and benefit of park is not real
| lied by the enjoyment only of an open
view and the right of passage upon it.
The right to enjoy the pleasure and
advantages that beauty and ornamen-
|
the uses and purposes of a public park.
BY it's dedication of the locus as
park the plaintiff gave up and sur
rendered its right to exercise any acts
of control or possession Of it that
would hinder the public in the full
enjoyment of it as place of rest. of
recreation of amusement and of en-
| joyment, or that would prevent the
public from increasing those enjoy
ments by its adornment and ornamen-
| tation.
To maintain this action of trespass
| the plaintiff must show that notwith-
standing the dedication it still re
| tanned the right of possession and con-
| troll of the locus sufficiently to have
| the grass growing thereon remain I'M
cut until it ripened into hay, or at
| least until it saw fit to cut it. Wheth-
er or not the grass growing upon this
park, if left uncut until it ripened into
hay, or late in the season, would
lessen the benefits and enjOyments
which tho nuhlic cOuld derive from