Kipp v. McBee

OPINION

COMPTON, Justice.

This action was brought in the district court of Grant County seeking to have a certain road declared a public road, thereby requiring the defendant to install cattle-guards as well as gates in his fence where it intersects the road in four places. Upon entry of judgment in favor of the plaintiffs, the defendant appeals.

The resident judge recused himself and the Honorable W. T. Scoggin was designated to try the case. Trial was held August 25, 1966, and, at the conclusion of the hearing, the court allowed the parties until September 1, 1966 to submit written briefs. On…