Board of County Com'rs of Jackson County v. Owen

This is an action by the board of county commissioners of Jackson county against Wylie Owen to enjoin Owen from obstructing or interfering with the use by the public of a road along a three-quarter-section line running north and south through section 3, township 1 south, range 25 west, in Jackson county. From a judgment for the defendant, the plaintiff appeals.

The evidence discloses that for nearly 40 years the road in question has been used as a part of a mail route, and the school bus and other persons have occasionally traveled over it. There is a fence along the west side of the road but…