Butler v. Barr
Supreme Court of Missouri
Appeal from Daviess Circuit Court. This was an action of trespass for throwing down fences and destroying trees on plaintiff’s land.
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Appeal from Daviess Circuit Court. This was an action of trespass for throwing down fences and destroying trees on plaintiff’s land. The defendants justified by alleging that they did the acts complained of, in opening a public road which had been established by the Daviess county court, after proceedings bad in conformity to tbe act concerning “roads and highways,” (R. C. 1845 ;) that the plaintiff consented to the passage of the road over his land; that the defendant, Barr, acted as road overseer under an appointment by the county court, and the other defendants were hands allotted to him…
1Opinion of the CourtScott, Judge
1. The questions involved in this controversy, are new and of some importance. This judgment must be reversed, for the refusal of the court to give the instruction, to the effect, that the overseer, in opening a road, should follow the marked trees on the line of the road, and where two trees are marked on the line of a road, and nothing more appears from the report of the commissioners or otherwise, a straight line from one of these trees to the other, is the line of the road in contemplation of law. This was the turning point of the case, and the law should have been distinctly put to the…
2Cited by5 opinions
- Missouri Pacific Railway Co. v. TygardSupreme Court of Missouri · 1884
- Belk v. HamiltonSupreme Court of Missouri · 1895
- Semerad v. Dunn CountyNorth Dakota Supreme Court · 1916
- Wooldridge v. RentschlerMissouri Court of Appeals · 1895
- State v. MillerMissouri Court of Appeals · 1905