Smith v. Pennington County
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. The facts and the nature of the proceedings are stated in the opinion and are similar to those in Wells v. Pennington County, 2 S. D. 1.
1Opinion of the CourtBennett, J.
This is an action for damages alleged to have been sustained by the plaintiff by the location by the defendant of a public highway along a section line on plaintiff’s premises, and extending 33 feet on each side of such section line. Plaintiff alleges his settlement upon and entry of the said land under the homestead laws of the United States; his receipt of patent, and ownership and possession; ihe location of the road by the defendant on July 21, 1882; the exclusion of the plaintiff from the private use and enjoyment of the road, to his.-.damage in the sum of $300. Defendant admits the…
2Cited by1 opinion
- Gustafson v. Gem Twp.South Dakota Supreme Court · 1931