Durkee v. Board of County Commissioners

The opinion of the court was delivered by

Hutchison, J.:

This was a condemnation case against the board of. county commissioners of Bourbon county for damages to a 120-acre tract belonging to the plaintiff occasioned by the construction of a benefit-district road along and on the west side of the land.

The claim filed by the plaintiff with the county board was for $2,000, the same being for land taken, the building of fence, and damage to the land not taken by reason of the diversion of the stream of running water (Drywood creek) from his land. The county board allowed plaintiff $42 for the…