McCluggage v. Loomis

The opinion of the court was delivered by

Wedell, J.:

This appeal involves a proceeding to have a road laid out and opened over the land of an adjoining landowner in order that petitioner might have easier access to a small tract of her land without crossing a stream which separated that part from the remainder of her land.

The petitioner prevailed before the board of county commissioners and respondent landowner appealed to the district court, which sustained the order of the county commissioners. Respondent has appealed to this court.

Respondent’s exhibit 4 was admitted in evidence and is as…