Bohan v. Board of County Commissioners

The opinion of the court was delivered by

Hutchison, J.:

This is an action in mandamus by the owner of land with about 120 feet of frontage on the north side of a public highway in Sumner county to compel the board of county commissioners and the county engineer, under R. S. 68-543, to construct a •culvert over a ditch along the public road in front of his property and separating his property from the highway.

The plaintiff in his petition alleged that for many years he had enjoyed direct connection and access to and with the highway until *88April,. 1927, when defendants constructed a ditch of…