Riverside Township v. Newton
South Dakota Supreme Court
Appeal from circuit court, Clay county, Hon. E. G-. Smith, Judge. Action by the township of Riverside against Alfréd Newton to establish a highway upon a section line. From a.judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. Under and by virtue of the provisions of the statutes of the.
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Appeal from circuit court, Clay county, Hon. E. G-. Smith, Judge. Action by the township of Riverside against Alfréd Newton to establish a highway upon a section line. From a.judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. Under and by virtue of the provisions of the statutes of the. United States and of the state of South Dakota a highway exists along the section lines of school lands, and the defendant Newton was not entitled to any damages, for the land taken was subject to .the public highway easement. Rev. Stat. U. S. §§ 2477, Comp. Laws §§ 1189,…
1Opinion of the CourtFuller, J.
This proceeding to establish a highway upon a section line originated before plaintiff’s supervisors, and there resulted in an order opening the road, and awarding *122damages to the defendant Newton, from which order he appealed to the circuit court, where a trial de novo was had, and a verdict of $400 damages returned in his favor. This appeal is by plaintiff, the township of Riverside, from an order overruling a motion for a ne w trial. In the year 1891 respondent purchased from the state 160 acres of school land situated on the north side of section 16, and for the road in question a strip…
2Cases cited2 opinions
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Keen v. Board of Sup'rsSouth Dakota Supreme Court · 1896
3Cited by9 opinions
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- Peterson v. BakerWashington Supreme Court · 1905
- Union Pac. Ry. Co. v. KargesU.S. Circuit Court for the District of Nebraska · 1909
- Powell County v. 5 Rockin' MS Angus Ranch, Inc.Montana Supreme Court · 2004
- Great Northern Ry. Co. v. Town of ViborgSouth Dakota Supreme Court · 1903
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