Harlan County v. Hogsett

Norval, O. J.

Frank W. Hogsett filed a claim against Harlan county, with the county board, in the sum of $600, for damages by reason of a location of a public highway over and across section 16, town 1, range 18 west. The claim was rejected by the county board, and Mr. Hogsett, hereafter called plaintiff, appealed to the district court, where he filed a petition, which the defendant answered, setting-up new matter as a defense. No reply was filed by plaintiff. In the court below he recovered $200 damages.

The judgment is entirely erroneous under the pleadings. The answer alleged that the…