City of Independence v. Board of County Commissioners

The opinion of the court was delivered by

Smith, J.:

This is an action to compel the board of county commissioners of Montgomery county to pay to the city of Independence $250 a mile for the maintenance of certain streets in that city. Judgment was for the city. The county appeals.

The facts are as follows: The South Tenth street road is a county road and enters the city of Independence on the south. It is the only county road that enters the city from any direction. In order to reach a county road other than the South Tenth street road the traveler must go two miles east of Independence. To…