Legal Opinion

Sisson v. Carithers

Indiana Court of Appeals

Decided November 17, 1904No. 4,873Published

From Vanderburgh. Circuit Court; Louis O. Bosch, Judge. Petition by Joseph Carithers and others for the establishment of a highway, against which Joshua S. Sisson and others remonstrate. From a judgment for petitioners, remonstrants appeal.

1Opinion

On Petition for Rehearing.

Roby, J.

5. It is vigorously urged in support of a petition for rehearing that the order fixing tire width of the highway is invalid, inasmuch as it does not appear that the report of the viewers specified tire width. It is not necessary that the width of a highway bé stated in tire viewers’report. Campbell v. Fogg (1892), 132 Ind. 1; Watson v. Crowsore (1884), 93 Ind. 220-222. The statute fixes the minimum width of county and township roads, and requires that.the order for the laying out of any highway shall specify the width thereof. §6755 Burns 1901, §5028 R. S.…

2Cases cited7 opinions

  1. Long v. RuchIndiana Supreme Court · 1897
  2. Watson v. CrowsoreIndiana Supreme Court · 1884
  3. Helms v. BellIndiana Supreme Court · 1900
  4. Sidener v. EssexIndiana Supreme Court · 1864
  5. Hudson v. VoreisIndiana Supreme Court · 1893

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