Williams v. Beatty
Missouri Court of Appeals
Appeal from the Macon County Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) Our statute provides a complete scheme for grading public roads; clearly set forth in Acts of General Assembly, approved March 26, 1908, secs. 1 to 12 inclusive, at pages 118, 119, 150. (2) The grading of the public road, by Williams, one of the plaintiffs herein, was an attempt on his part, to exercise the power of eminent domain, which can only be done by a strict compliance with the statute.
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Appeal from the Macon County Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) Our statute provides a complete scheme for grading public roads; clearly set forth in Acts of General Assembly, approved March 26, 1908, secs. 1 to 12 inclusive, at pages 118, 119, 150. (2) The grading of the public road, by Williams, one of the plaintiffs herein, was an attempt on his part, to exercise the power of eminent domain, which can only be done by a strict compliance with the statute. Plaintiff made no pretense to follow the statute, in constructing the grade he constructed, or to have any authority or…
1Opinion of the Court
JOHNSON, J. —
This is an injunction suit brought by the owners of a farm in Macon county to restrain defendant, the owner of an adjoining farm, from interfering with the public road and drainage ditch separating the two farms. . Both farms are in the valley of the Chariton river on the east side of that watercourse, and extend eastward to the hills. That of plaintiffs is on the south side of the public road which runs east and west from the river to the hills and is in sections 34 and 35, township 59, range 16. The farm of defendant is on the north side of the road in sections 26 and 27. From…
2Cases cited5 opinions
- Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
- State v. WellsSupreme Court of Missouri · 1879
- Hingston v. MontgomeryMissouri Court of Appeals · 1906
- Dunham v. JoyceSupreme Court of Missouri · 1895
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