Board of Com'rs of Rogers County v. Baxter

This opinion is written on a rehearing of this cause, and in view of the fact that we reach the same conclusion as that reached in the original opinion, much of the language and phraseology used therein are adopted here. The facts out of which this cause arose are substantially as follows:

The board of county comissioners of Rogers county granted to Kelly F. Gibson, on November 9, 1916, a franchise to build and operate a toll road in Rogers county. The grantee of the franchise acquired the right of way and constructed a toll road for the use of the public upon the payment of tolls. Thereafter…