Township Board ex rel. Feitz v. McPhearson
Missouri Court of Appeals
Appeal from Chariton. Circuit Court. — Eon. Fred Lamb, Judge. The court erred in directing a verdict for defend.■auts. Whether or not the strip of land in controversy had been dedicated to the public for road purposes, •or whether it had become a part of the road by user, ■was a question of fact for the determination of the .jury. Benton v. City of St. Louis, 217 Mo. 687; Moore w. Hawk, 57 Mo. App. 495; State v. Hood, 143 Mo.
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Appeal from Chariton. Circuit Court. — Eon. Fred Lamb, Judge. The court erred in directing a verdict for defend.■auts. Whether or not the strip of land in controversy had been dedicated to the public for road purposes, •or whether it had become a part of the road by user, ■was a question of fact for the determination of the .jury. Benton v. City of St. Louis, 217 Mo. 687; Moore w. Hawk, 57 Mo. App. 495; State v. Hood, 143 Mo. App. 313; Landis v. Hamilton, 77 Mo. 554; McShane ■v. City of Moberly, 79 Mo. 45; Elliott on Roads and Streets (4 Ed.),.secs. 153, 157, 167. As the evidence offered by…
1Opinion of the CourtTrimble, J.
Relator Feitz, as the owner of forty acres of land adjoining the public road in Triplett township, Chariton county, Missouri, sues on the bond of F. R. McPhearson as road overseer of district No. 1 of said township, for wrongfully entering upon relator’s land along the highway, plowing and grading the same and destroying a few rows of potatoes planted there.
The county road runs along the north side of relator’s farm. It was not established, with definite "boundaries or of prescribed width, by regular proceedings in the county court, but simply by the owners of the land on either side of the…
2Cases cited3 opinions
- State v. ThompsonMissouri Court of Appeals · 1902
- Moore v. HawkMissouri Court of Appeals · 1894
- State v. FeitzMissouri Court of Appeals · 1911
3Cited by3 opinions
- City of St. Charles v. De SherliaMissouri Court of Appeals · 1957
- State v. AuffartMissouri Court of Appeals · 1915
- State v. AuffartMissouri Court of Appeals · 1915