Briggs v. Board of Commissioners
Supreme Court of Kansas
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
- Board of Commissioners v. BisbySupreme Court of Kansas · 1887
3Cited by8 opinions
- Board of Education, Unified School District No. 464 v. PorterSupreme Court of Kansas · 1984
- Ballantyne Company v. City of OmahaNebraska Supreme Court · 1962
- Van Bentham v. Board of CommissionersSupreme Court of Kansas · 1892
- Flagel v. Board of County CommissionersSupreme Court of Kansas · 1911
- Harrold v. Wichita Falls & N. W. Ry. Co.Supreme Court of Oklahoma · 1914
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