State v. Thompson
Missouri Court of Appeals
Appeal from Platte Circuit Court. — Hon. A. D. Bumes, Judge. (1) Instruction No. 9, asked for by defendants, should have l}éen given. The width of road so established is determined and fixed by the actual travel and use by the public. Ehret v. Railroad, 20 Mo-. App. 251. (2) The report of the commissioners admitted over the objection of defendants should not have been allowed to intrude into this case. It was simply an isolated report.
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Appeal from Platte Circuit Court. — Hon. A. D. Bumes, Judge. (1) Instruction No. 9, asked for by defendants, should have l}éen given. The width of road so established is determined and fixed by the actual travel and use by the public. Ehret v. Railroad, 20 Mo-. App. 251. (2) The report of the commissioners admitted over the objection of defendants should not have been allowed to intrude into this case. It was simply an isolated report. Preceded by no petition for a road establishment, and followed by no order of the county court establishing it, its introduction tended to confuse rather than…
1Opinion of the CourtBroaddtts, J.
— The defendants were indicted, tried and convicted in the circuit court of Platte county for obstructing a public road. The indictment was in three counts, but as the jury returned a verdict of guilty on the first count alone it is the only one in issue in this court.
The road in controversy is one leading from New Market in Platte county, to Wallace in Buchanan county. It is shown by the evidence that at and prior to the year 1866 the road in question ran “angling” over the lands of one lewis, but it was changed so as to run east and west, and, as we presume, along the north line of said…
2Cases cited1 opinion
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
3Cited by5 opinions
- Patterson v. NullMissouri Court of Appeals · 1988
- Terry v. City of IndependenceSupreme Court of Missouri · 1965
- Township Board ex rel. Feitz v. McPhearsonMissouri Court of Appeals · 1913
- Roth v. HoffmanMissouri Court of Appeals · 1938
- California Special Road District v. BuekerMissouri Court of Appeals · 1926