Reports of Cases Decided in the Supreme Court of the State of Oregon Volume . 60
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. 1914 edition. Excerpt: ...by the owner of the fee, the public will not acquire the free right of passage, nor will it be burdened with the duty of making it safe and convenient for passage." Elliott, Roads and Streets (3 ed.) 5. 2. In the ease at bar the way was originally private, and its use by William R. Dillard and his successors in interest was by permission, and the only evidence offered at the trial tending in any manner to prove the assertion of an adverse right is that a little voluntary work was done by the persons using the lane so as to render it passable. It would reasonably be implied from such improvement that a desire to make the way better prompted the repairs, for it cannot be supposed that the persons traveling along the lane would expect the owner of the fee to bear all the burden_of maintaining it' for their accommodation. The repairs that were made consisted of a few loads of sand that were hauled on the way, and such improvement was not, in our opinion, sufiicient to impart to the owners of the fee notice of an intention to assert an adverse use so as to convert a private way into a public road., 60 Or.-23 3. It will be remembered that the lane is a cul-de-sac, and originally established as a. private way. Such being the case, it was not incumbent upon the owners of the fee to place obstructions in the lane or to notify persons using it that the license pursuant to which the travel was at first permitted was revocable. If it were sought to initiate a prescriptive right so as to change a private way into a public road, it devolved upon the persons using the lane unmistakably to notify the owners of the fee affected thereby of their claim. The Bohrnstcdt Company by moving its north fence a few feet to the south can establish a way...
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- 26 Jun 2012
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