New Jersey. Courts. Reports of Cases Argued And Determined in the Supreme Court And, At Law, in the Court of Errors And Appeals of the State of New Jersey ..

Cover New Jersey. Courts. Reports of Cases Argued And Determined in the Supreme Court And, At Law, in the Court of Errors And Appeals of the State of New Jersey ..
New Jersey. Courts. Reports of Cases Argued And Determined in the Supreme Court And, At Law, in the Court of Errors And Appeals of the State of New Jersey ..
New Jersey. Supreme Court, Garret Dorset Wall Vroom, Charles E. Gummere, William Abbotts, New Jersey. Court of Errors And Appeals
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It was patroled by the city police like other streets, and where it was crossed by railroad tracks flagmen were stationed as is customary at street crossings. All of these things, with the exception of the police patrol, were the acts of the defendant. If, there- fore, the way in question presented the appearance of being a street, the defendant had created such appearance and was therefore responsible for the consequences, one of which was that persons generally might use the way in the belief... that Digitized by VjOOQIC no COURT OF ERRORS AND APPEALS.
Central R. R. C5o. v. Morgan. 89 N. J. L.
it was what it appeared to be. And to such user the liability of the defendant, arising out of the appearance so created by it, would be the same as if such street actually was what it appeared to be, under the rule that *one who holds out a way as a public street, is liable.' 29 Cyc. 454.
"Such liability is based not upon the landowner's dedi- cation of the street and its acceptance by the public, but upon the appearance he has created, so that the question for the jury is not whether such acts of the owner were proof of an intention to dedicate a public street, but whether they had created an appearance calculated to induce the public to use the way in the belief that it was what it appeared to be.


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