Scheller v. Pierce County
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered January 5, 1909, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, -in an action to restrain a county from interfering with fences constructed across a temporary right of way.
1Opinion of the Court
Rudkin, C. J. —
During the year 1890 the board of county commissioners of Pierce county laid out a public road along the section line between sections 21 and 22,, in township 20, north, of range 2 E., W. M. Albert Whyte and wife then owned one hundred and forty-five acres in section 22, abutting on the proposed road. At that time the board did not deem it advisable to construct the new road the entire distance along the section fine, because of the expense of bridging a slough adjacent to the Whyte lands. The board therefore procured from Whyte and wife a temporary dedication or grant of a…
2Cases cited9 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Smith v. MitchellWashington Supreme Court · 1899
- Watson v. County CommissionersWashington Supreme Court · 1905
- City of Seattle v. SmithersWashington Supreme Court · 1905
- County on Yakima v. ConradWashington Supreme Court · 1901
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3Cited by25 opinions
- Northwest Cities Gas Co. v. Western Fuel Co.Washington Supreme Court · 1942
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Roediger v. CullenWashington Supreme Court · 1946
- McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
- Skansi v. NovakWashington Supreme Court · 1915
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