State ex rel. Kemp v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from the Daviess Circuit Court — Hon. C. H. S. Goodman, Judge. (1) The term public road is defined by the statutes ; and the statutory definition is exclusive. Sess-. Acts 1872, sec. 7, p. 139 ; R. S., sec. 6931; Bauer v. Railroad, •69 Mo. 219-222 ; State v. Railroad, 19 Mo. App. 104; Ludcie v. Railroad, 76 Mo. 639. It means a road or •way legally established under the provisions of the statute.
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Appeal from the Daviess Circuit Court — Hon. C. H. S. Goodman, Judge. (1) The term public road is defined by the statutes ; and the statutory definition is exclusive. Sess-. Acts 1872, sec. 7, p. 139 ; R. S., sec. 6931; Bauer v. Railroad, •69 Mo. 219-222 ; State v. Railroad, 19 Mo. App. 104; Ludcie v. Railroad, 76 Mo. 639. It means a road or •way legally established under the provisions of the statute. To these may be added roads dedicated by the owners of the land accepted and used by the public ; and roads established by adverse uses by the public for a period of ten years. State v.…
1Opinion of the CourtSmith, P. J.
This action was one of thirty-seven-brought by plaintiff against defendant to recover the-penalty provided in section 806, Revised Statutes. It *594was originally begun before a justice of the peace of Livingston county, from where it was subsequently removed by appeal to the circuit court of that county, and from thence by change of venue to the circuit court •of Daviess county, where it was tried without the intervention of a jury. At the trial the plaintiff gave in evidence the following agreement.
An agreement between George W. Easley, attorney for defendant, and Jonas J. Clark, attorney for…
2Cases cited3 opinions
- Gage v. GatesSupreme Court of Missouri · 1876
- Hannah v. BaylorMissouri Court of Appeals · 1887
- State ex rel. Kemp v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
3Cited by1 opinion
- Hanchett Bond Co. v. GloreMissouri Court of Appeals · 1921