Boonville Special Road District v. Fuser

For the second time this case is before the court. It was brought here the first time by plaintiff who appealed from the judgment of the trial court sustaining a demurrer to the evidence. The *636judgment was reversed and the cause remanded as will appear from the opinion of this court reported in 174 Mo. App. 573;. This time the defendant has appealed. The suit is under section 10533, Revised Statutes 1909, which provides that if any person shall knowingly or willfully obstruct or damage any road by fencing upon the right of way of the same, the road overseer of the district shall verbally or in…