Legal Opinion

Briggs v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 8 opinions

Error from Labette District Court. Appeal by Briggs & Briggs to the district court, from an allowance of damages by the board of commissioners of Labette county on account of the establishment of a public road over plaintiff’s land. Trial at the November term, 1884, and verdict and judgment for plaintiffs for $72.50. Plaintiffs moved the court to set aside the verdict and grant a new trial, which motion the court overruled. Plaintiffs bring the ease here for review.

1Opinion of the Court

Opinion by

Clogston, C.:

On an appeal from an award of damages for the laying out of a public road, the only question the court has to determine or submit to the determination of a jury, is as to the amount of damages the owner of the land is entitled to, if any; and no question of the previous laying out of a road over the same route, or whether there had been a prior dedication of the land to the public, and acceptance as a public road, enters into the inquiry. The proceedings before the board of commissioners were the regular proceedings to lay out and establish a public road. Plaintiffs,…

2Cases cited1 opinion

  1. Board of Commissioners v. BisbySupreme Court of Kansas · 1887

3Cited by8 opinions

  1. Board of Education, Unified School District No. 464 v. PorterSupreme Court of Kansas · 1984
  2. Ballantyne Company v. City of OmahaNebraska Supreme Court · 1962
  3. Van Bentham v. Board of CommissionersSupreme Court of Kansas · 1892
  4. Flagel v. Board of County CommissionersSupreme Court of Kansas · 1911
  5. Harrold v. Wichita Falls & N. W. Ry. Co.Supreme Court of Oklahoma · 1914

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