Lowe v. East Sioux Falls Quarry Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Wiley V. Lowe against the East Sioux Falls Quarry Company. Judgment for defendant, and plaintiiff appeals. It requires no affirmative action by any board or any authority concerned with roads or streets to create a section line a highway.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Wiley V. Lowe against the East Sioux Falls Quarry Company. Judgment for defendant, and plaintiiff appeals. It requires no affirmative action by any board or any authority concerned with roads or streets to create a section line a highway. The governmental agent is of such a character that the strip conveyed is immune from any other than its designated purpose; that the estate granted to the public is corporeal in character rather than incorporeal and corresponds to the limited fee for particular uses and is…
1Opinion of the CourtMcCOY, J.
This action was commenced by plaintiff, the appellant, against respondent, to have removed certain obstructions from what appellant claims to be a public highway, situated *395on the section line between the N. E. % of section 29, and the S. E. % of section 20, in township 101, range 48, in Minnehaha county. Among other things, the court found that no highway had ever been opened or improved or traveled by the public on the said section line between said quarter sections, between the blacksmith shop and the northeast corner of said section 29; that the said section line from the blacksmith shop…
2Cases cited8 opinions
- City of Peoria v. JohnstonIllinois Supreme Court · 1870
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Lawrence v. EwertSouth Dakota Supreme Court · 1908
- Brockhausen v. BochlandIllinois Supreme Court · 1891
- Galbraith v. LittiechIllinois Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Small v. Burleigh CountyNorth Dakota Supreme Court · 1974
- Pederson v. Canton TownshipSouth Dakota Supreme Court · 1948
- Haley v. City of Rapid CitySouth Dakota Supreme Court · 1978
- City of Sioux Falls v. Hone Family TrustSouth Dakota Supreme Court · 1996
- Giese v. Morton CountyNorth Dakota Supreme Court · 1990
6 more not listed; retrieve them via the Exa API.