Wiese v. Thien
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. R. A. Breuer, Judge. (1) Neither the petition nor the. evidence shows that petitioner is the owner of a tract of land not passed through or touched by a public road. Under the admitted facts, petitioner is not entitled to the private road petitioned for. Sec. 10447, R. S. 1909; Chandler v. Reading, 129 Mo. App. 63. (2) Under the admitted facts, the private road petitioned for is not a way of strict necessity.
Read the full summary
Appeal from Gasconade Circuit Court. — Hon. R. A. Breuer, Judge. (1) Neither the petition nor the. evidence shows that petitioner is the owner of a tract of land not passed through or touched by a public road. Under the admitted facts, petitioner is not entitled to the private road petitioned for. Sec. 10447, R. S. 1909; Chandler v. Reading, 129 Mo. App. 63. (2) Under the admitted facts, the private road petitioned for is not a way of strict necessity. Colville v. Judy, 73 Mo. 651; Cox v. Tipton, 18 Mo. App. 450; Barr v. Flynn, 20 Mo. App. 383; Coberly v. Butler, 63 Mo. App. 556. (3) The…
1Opinion of the Court
BROWN, C.
This is a proceeding to open and establish a private road over the. lands of appellants, connecting the lands owned and occupied by the respondent with a public road running some distance to the west of it. It was begun in the County Court of Gasconade County, in which county the petitioner resides and all the lands involved are situated. The road' was laid out and established in due course by -the county and damages regularly accessed. An appeal was taken from that court to the Gasconade Circuit Court where the matter was retried, and the court made its findings as required, which…
2Cited by15 opinions
- Daniel v. Fox, Texas Court of Appeals, 4th District (San Antonio)1996
- Owens v. BrownlieSupreme Court of Iowa · 2000
- MacCaskill v. EbbertIdaho Court of Appeals · 1987
- Badura v. LyonsNebraska Supreme Court · 1946
- Sorenson v. CzingerCourt of Appeals of Washington · 1993
10 more not listed; retrieve them via the Exa API.