Webb v. Board of County Commissioners

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued to recover for gravel taken from the Neosho river to be used on public roads in Neosho county. Judgment was rendered in favor of the plaintiff, and the defendant appeals.

The cause was tried without a jury, and findings of fact and conclusions of law were made as follows:

*39“The issues submitted to the court in this case pertain to the navigability of the Neosho river. If the court finds under the facts submitted and the law that the Neosho river is a. navigable stream then and in that event the judgment and verdict must be…