Lincoln v. Colusa County
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Colusa County. The complaint described the tract of land, and alleged that plaintiff was the owner of it; that a petition was ¡iresented to the Board of Supervisors of Colusa County, praying for the location and establishment of a public road from the Town of Colusa to the northern boundary line of Colusa County; that ^ the Board appointed viewers to survey and lay out the road ; that on the day that these proceedings…
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Appeal from the District Court, Tenth Judicial District, Colusa County. The complaint described the tract of land, and alleged that plaintiff was the owner of it; that a petition was ¡iresented to the Board of Supervisors of Colusa County, praying for the location and establishment of a public road from the Town of Colusa to the northern boundary line of Colusa County; that ^ the Board appointed viewers to survey and lay out the road ; that on the day that these proceedings were had, the plaintiff presented his petition protesting against and objecting to the action of the Board in laying out…
1Opinion of the Court
By the Court,
Shafter, J.
This is an action to recover three thousand dollars as damages alleged to have been sustained by the plaintiff by reason of the location of a public highway over his land by order of the Board of Supervisors of the defendant county.
A nonsuit was ordered at the trial on the ground that it *666was neither alleged in the complaint nor proved as a fact, that the jdaintiff prior to the commencement of the action “could not agree with the Board of Supervisors as to the amount of damages sustained,” nor that he had even attempted such agreement.
The language of the statute is as…
2Cases cited2 opinions
- Gilmer v. Lime PointCalifornia Supreme Court · 1861
- Harper v. RichardsonCalifornia Supreme Court · 1863
3Cited by2 opinions
- State v. RousseauIndiana Supreme Court · 1936
- Kimball v. Board of Supervisors of Alameda CountyCalifornia Supreme Court · 1873