Wooldridge v. Rentschler
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Public roads in this state áre required to be not less than thirty feet wide, nor more than sixty feet. 2 R. S. 1889, sec. 7793; Hughes et al. v. Murmod et al., 121 Mo. 98; Zeibold v, Foster, 118 Mo. 349. This being true, it was the duty of appellant to keep the road the width required by law. And he had the legal right to remove all encroachments which reduced it below its statutory width.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Public roads in this state áre required to be not less than thirty feet wide, nor more than sixty feet. 2 R. S. 1889, sec. 7793; Hughes et al. v. Murmod et al., 121 Mo. 98; Zeibold v, Foster, 118 Mo. 349. This being true, it was the duty of appellant to keep the road the width required by law. And he had the legal right to remove all encroachments which reduced it below its statutory width. State ex rel. v. Buhler, 90-Mo. 568, 569. Section 7807 in Revised Statutes, 1889, is the same in substance as section 6941 of…
1Opinion of the CourtEllison, J.
This is an action of trespass, wherein defendant was charged with having torn down plaintiff’s fences and ploughed and ditched his land. Defendant justified by answering that he was road overseer for the district in which plaintiff’s lands were situated, and that he committed the acts complained of, as such officer, under an order of the county court, ordering him to widen the road which ran between plaintiff’s land and that adjoining. The judgment below was for plaintiff.
It .appears from the record that this case originated from a difficulty about a road, which, it appears, some persons in…
2Cases cited5 opinions
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Walker v. LikensSupreme Court of Missouri · 1857
- Whitehead v. RaganSupreme Court of Missouri · 1891
- Rousey v. WoodMissouri Court of Appeals · 1892
- Butler v. BarrSupreme Court of Missouri · 1853
3Cited by3 opinions
- Linck v. TrollMissouri Court of Appeals · 1899
- City of St. Louis ex rel. Duff v. KarrMissouri Court of Appeals · 1900
- State v. MillerMissouri Court of Appeals · 1905