Atchison, Topeka & Santa Fe Railway Co. v. Board of County Commissioners

*788The opinion of the court was delivered by

Dawson, J.:

This case presents still another phase of the Barton county road litigation. (Hines v. Barton County, 106 Kan. 682, 687, 189 Pac. 368; Hines v. Barton County, No. 23, 618, just decided.)

The present action relates to the proposed construction of an improved road from Great Bend to Pawnee Rock, near the southwest corner of Barton county, a distance of some twelve miles.

On May 31, 1919, a petition of the requisite number of qualified landowners was presented to the board of county commissioners of Barton county praying for the permanent…