 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1905 - 618 pages
...Iowa 28, 18 NW 659, this same general question was involved, and the court said: "The character of a way, whether it is public or private, is determined...the right to use it, and not by the extent to which the right is exercised. If all the people have the right to use it, it is a public way, although the... | |
 | Law reports, digests, etc - 1884 - 1002 pages
...the public who may have occasion to use the way after it has been established. The character of я way, whether it is public or private, is determined...it, it is a public way, although the number who have any occasion to exercise the right is very small. And when the use to which property is appropriated... | |
 | Law reports, digests, etc - 1910 - 1172 pages
...at all by the public, yet the "character of a way, whether it is public or private, is determined by extent of the right to use it, and not by the extent...use it, it Is a public way, although the number who bave occasion to exercise the right is very small." Butte, A. & Рас. Ry. Co. v. Montana U. Ry. Co.,... | |
 | Law reports, digests, etc - 1895 - 1148 pages
...many persons will enjoy the use Is not material. Talbot v. Hudson, 10 U ray, 417. The character of a way, whether It is public or private, Is determined...right to use it, and not by the extent to which that ri^ht Is exercised. If all the people have the right to use it, it is a public way, although the number... | |
 | Law reports, digests, etc - 1914 - 1406 pages
...circumstances to a small part of the community. Its character Is determined by the right of the public to use It, and not by the extent to which that right is exercised.'' The complaint alleges inter alia, in substance, that It is now proceeding to and will construct a railroad... | |
 | Law reports, digests, etc - 1904 - 1336 pages
...of the public who may have occasion to use the way after it has been established. The character of a way, whether it is public or private, Is determined...the right is very small. And, where the use to which property is appropriated is a public use, the Legislature is the judge of the expediency of making... | |
 | Law reports, digests, etc - 1895 - 1196 pages
...many persons will enjoy the use is not material. Talbot v. lludson, lu Gray, 417. The character of a way, whether it Is public or private, Is determined...have occasion to exercise the right Is very small. Phillips v. Watson, (B Iowa, 28, 18 NW 659; Lewis, Em. Dom. p. 241; Shaver v. Starrett, 4 Ohio St.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1024 pages
...many persons will enjoy the use is not material: Talbot v. Hudson, 16 Gray, 417. The character of a way, whether it is public or private, is determined...have occasion to exercise the right is very small: Phillips v. Watson, 63 Iowa, 28; Lewis on Eminent Domain, 241; Shaver v. Starrett, 4 Ohio St. 496;... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1018 pages
...character of a way, whether it ia public or private, is determined, under the law of eminent domain, by the extent of the right to use it, and not by the extent to which that right is exercised. PUBLIC WAY, WHAT IS.— If all the people have the right to use a way, it is a public way, within the... | |
 | Electronic journals - 1896 - 590 pages
...theiefore, have a right to use its facilities ; the character of a road, whether public or private, is to be determined by the extent of the right to use it, and not by the extent to which that right will be exercised. B., A. cV P. Ry. Co. v. Montana L nion 1 y. Co., 41 Pac. Rep. 232 (Montana). The... | |
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The character of a way, whether it is public or private, is determined by the extent of the right to use it, and not by the extent to which that right is exercised. If all the people have the right to use it, it is a public way, although the number who... 
