Ruthstrom v. Peterson

The only question involved in this proceeding in error is whether the allegations of the plaintiff’s petition show that he has such a peculiar and special interest in a public highway that he may enjoin the obstruction of one side of it. The petition must be interpreted to mean that Bellman dedicated the west twenty feet of his land to the public for a highway, and that Ruthstrom purchased of Bellman, and dedicated to the public for the same use, a twenty-foot strip of land adjoining the Bellman dedication on the east, so that a public road forty feet wide was established on the west side of…