Henry v. Ward

Irvine, C.

This was an action by Henry, the object of which was to restrain the defendants, the county commissioners and certain road supervisors of Dawson county, from removing fences of the plaintiff along section lines. The issue presented and tried was as to whether or not a public highway existed which was obstructed by plaintiff’s fences. There was a general finding for the plaintiff, and an injunction as prayed, and the defendants appeal.

It is admitted by the appellants that the evidence was sufficient to sustain the finding for the plaintiff in so far as there was any claim of a…