Acceptance is presumed if beneficial, and this is shown by user ; Abbott v. Cottage City, 143 Mass. 521, 10 N. E. 325, 58 Am. Rep. 143; Guthrie v. New Haven, 31 Conn. 308; San Francisco v. Canavan, 42 Cal. 541; Boyce v. Kalbaugh, 47 Md. 334, 28 Am. Rep. 464; Summers v. State, 51 Ind. 201. The dedica tion of a private way to the public without acceptance does not constitute a public way; Slater v. Gunn, 170 Mass. 509, 49 N. E. 1017, 41 L. R. A. 268 ; Rozell v. Andrews, 103 N. Y. 150, S N. E. 513 ; Bell v. City of Burlington, 68 Ia. 296, 27 N. W. 245 ; St. Louis v. Uni versity, 88 Mo. 155 ; Hayward v. Manzer, 70 Cal. 476, 13 Pac. 141.
There is no established standard as to what use by the public will be sufficient to constitute an acceptance of a dedication; it is such use as would naturally follow from the character of the place ; Winslow v. Cin cinnati, 9 Ohio S. & C. P. Dec. 89; the use need only be such as the public needs de mand ; Taraldson v. Town of Lime Springs, 92 Ia. 187, 60 N. W. 658. Use by a tively small number of persons on foot dur ing the summer season of a short way from a street to the seashore, being the kind of use intended by the dedicator, is sufficient; Phillips v. City of Stamford, 81 Conn. 408, 71 Atl. 361, 22 L. R. A. (N. S.) 1114; otherwise of an alley through private land, used in bringing in household supplies and removing refuse; Brinck v. Collier, 56 Mo. 160 ; of a wood so grown up with brush as to be im passable by wagons and but little used ; Ros enberger v. Miller, 61 Mo. App. 422 ; of a road to some extent for two or three weeks ; Laughlin v. City of Washington, 63 Ia. 652, 19 N. W. 819; a use by a few persons only and merely for local purposes ; Green v. Town of Canaan, 29 Conn. 157 ; and a per mitted use by neighbors for hauling wagons ; Fairchild v. Stewart, 117 Ia. 734, 89 N: W. 1075. Long continued use by a few persons does not necessarily show an intention on the part of the public authorities to accept the dedication; City of Rock Island v. Star key, 189 Ill. 515, 59 N. E. 971. See Phillips v. City of Stamford, 81 Conn. 408, 71 Atl. 361, 22 L. R. A. (N. S.) 1114.
In the case of a highway, the question has been raised whether the public itself, as the body charged with the repair, is the proper party to make the acceptance. In England, it has been decided that an acceptance by the public, evidenced by mere use, is suffi cient to bind the parish to repair, without any adoption on its part ; 5 B. & Ad. 469 ;
2 N. & M. 583. In this country there are cases in which the English rule seems to be recognized ; Remington v. Millerd, 1 R. I. 93 ; though the weight of decision is to effect that the towns are not liable, either for re pair or for injuries occasioned by the want of repair, until they have themselves adopted the way thus created, either by a formal ac ceptance or by indirectly recognizing it, as by repairing it or setting up guide-posts therein ;' Thoihp. Highw. 52 ; Page v. Town of Weatherstield, 13 Vt. 424; Com. v. Kelly; 8 Gratt. (Va.) 632 ; Common Council of In dianapolis v. McClure, 2 Ind. 147; Wright v. Tukey, 3 Cush. (Mass.) 290 ; Colbert v. Shepherd, 89 Va. 401, 16 S. E. 246; Philadel phia v. Thomas' Heirs, 152 Pa. 494, 25 Atl. 873; Gage v. R. Co., 84 Ala. 224, 4 South. 415; City of Galveston v. Williams, 69 Tex. 449, 6 S. W. 860 ; Rozell v. Andrews, 103 N. Y. 150, 8 N. E. 513 ; Bell v. City of Burling ton, 68 Ia. 296, 27 N. W. 245 ; City of St. Louis v. University, 88 Mo. 155; Hayward v. Manzer, 70 Cal. 476, 13 Pac. 141. It has been held that the acceptance, improvement, and user by a city of a street or a portion of a street as platted is equivalent to an accept ance of the whole tract platted; Heitz v. City of St. Louis, 110 Mo. 618, 19 S. W. 735. The authorities on this subject relate large ly to the dedication of land for a highway. Such was the subject matter in the English cases on which the doctrine rests ; Dovaston v. Payne, 2 H. Bl. 527, 2 Sm. L. Cas. 1388 ; 11 East 376, where eight years user was held to show sufficient acceptance ; and 2 Str. 909, where four years was held insufficient; while in a much litigated case six years sufficed ; 18 Q. B. 870. The English cases have not shown a disposition to extend the principle of dedication except so far as to recognize it in the case of charitable uses (q. v.) under 43 Eliz. c. 4, or the general equity jurisdic tion. There are cases of bridges ; 14 East 317 ; 1 Man. & Gr. 392 ; 3 M. & S. 526 ; and one over a ditch ; 2 Str. 1004; and a wharf or landing ; 5 B. & Ald. 268 ; but all these are closely allied to roads or ways.