BRUSSEAU v. McBRIDE

No. 11758.

245 N.W.2d 488 (1976)

Daniel J. BRUSSEAU and Kathryn D. Brusseau, Plaintiffs and Appellants, v. Ed McBRIDE et al., Defendants and Respondents.

Supreme Court of South Dakota.

September 15, 1976.


Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellants.

Lynden D. Levitt, Rapid City, for defendant and respondent Ed McBride.

Julius F. Sieler of Sieler, Sieler & Trimble, Rapid City, for defendant and respondent Harold Bies.

A. P. Fuller of Kellar, Kellar, Fuller, Amundson & Furze, Lead, for defendant and respondent Homestake Forest Products Company.

William H. Coacher, State's Atty., Meade County, Sturgis, for defendant and respondent, Meade County.


ANDERST, Circuit Judge.

This is an appeal from a declaratory judgment action to determine the existence or nonexistence of a public road over the property owned by the parties herein. From a judgment declaring the road to have been dedicated under common law principles, irrevocably and to public use along its entire length, the plaintiffs have appealed. We reverse.

Our law is settled that "[c]onduct on the part of the owner that is clearly expressive of an...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases