A public right of way was claimed and it was said that what mattered was the impression given to the public. Littledale J directed the jury: ‘A man may say that he does not mean to dedicate a way to the public, and yet, if he had allowed them to pass every day for a length of time, his declaration alone would not be regarded, but it would be for a jury to say whether he had intended to dedicate it or not. The facts may warrant them in believing that the way was dedicated, though he has said that he did not so intend: and, if his intention be insisted upon, it may be answered that he should have shewn it by putting up a gate, or by some other act.’
Judges:
Littledale J
Citations:
(1838) 8 Ad and E 99
Jurisdiction:
England and Wales
Land
Updated: 01 December 2022; Ref: scu.253531