Jackson v. State
| Decision Date | 30 September 1869 |
| Citation | 46 Tenn. 532 |
| Parties | Jackson v. The State. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM KNOXVILLE.
The plaintiff in error, was convicted at the August Term, 1868, of the County Court, for obstructing a public road; and has appealed to this Court. Judge C. W. JONES, presiding.M. L. HALL and JOHN L. MURPHY, for Jackson.
THOS. H. COLDWELL, Attorney-general, for the State.
In this case, the plaintiff in error was indicted in the County Court of Knox County, for obstructing a public road and common highway, leading from the Knoxville and Jacksborough road to Lamb's and Odell's mills.
The road has been known by some of the witnesses for forty years. From the point of intersection with the Knoxville and Jacksborough road, in the direction of the mills, it has been closed for about seventeen years, for some distance. About the time this was done, another road was opened from another point on the Knoxville and Jacksborough road, running in the direction of the mills, and intersecting the first mentioned road beyond the enclosure, and then running with it for a short distance, and then leaving it on the opposite side, and thus making a fork with the old road. Beyond this point of separation and on the old road, is the place of the alleged obstruction by the plaintiff in error, which it appears he made by extending his fence across it. We do not understand from the evidence, that the land on which the closed end of the road next to the Knoxville and Jacksborough road is situated, ever at any time, belonged to the plaintiff in error, or any of his vendors.
It appears that the road, at the point where the alleged obstruction by plaintiff in error exists, was originally opened through woodland by the owner of the land, for his own use and convenience, for the purpose of hauling corn from an adjoining farm.
The land through which this part of the road passes, appears to have remained uninclosed all the time, so far as we can discern from the evidence. About one hundred and fifty yards from the obstruction made by plaintiff in error, there is a deep gully in the road, which has rendered it impassable for wagons, for twelve years, and with difficulty can be passed by horsemen. It appears that (at some time) a tree which had fallen across the road, was removed by some one. The road has never been opened or recognized by the County Court in any manner, as a public road; and the only question which it is now necessary to consider, is, whether this road, where the alleged obstruction by plaintiff in error exists has ever in any way, been dedicated to the public use by the...
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Callahan v. Town of Middleton
...not been dedicated. Dedication will not be inferred from mere permissive use of unenclosed land, Worth v. Dawson, 33 Tenn. 59; Jackson v. State, 46 Tenn. 532, 535; McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683; Bowles v. Chapman, 180 Tenn. 321, 324, 325, 175 S.W.2d 313, Again it is said i......
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Nicely v. Nicely
...58 S.W. 929; Hagar v. Wilson, Tenn.Chan.App., 46 S.W. 1033; Hewitt v. City of Pulaski, Tenn.Chan.App., 36 S.W. 878, 883; Jackson v. State, 46 Tenn. 532; v. Dawson, 33 Tenn. 59; Scott v. State, 33 Tenn. 629. In the instant case the right-of-way already existed by virtue of the terms of the d......
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Nicely v. Nicely
...58 S.W. 929; Hagar v. Wilson, Tenn.Chan.App., 46 S.W. 1033; Hewitt v. City of Pulaski, Tenn.Chan.App., 36 S.W. 878, 883; Jackson v. State, 46 Tenn. 532; Worth v. Dawson, 33 Tenn. 59; Scott v. State, 33 Tenn. In the instant case the right-of-way already existed by virtue of the terms of the ......
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Bowles v. Chapman
... ... which inconvenience without more does not suffice." ... In ... Jackson v. State, 46 Tenn. 532, 6 Cold. 532, 534, ... 535, the Court quoted from Angel on Highways, 2d Ed., § 151, ... as follows: "'Upon much the same ... ...