Miller v. Township of Oakwood
North Dakota Supreme Court
Appeal from District Court, Walsh County; Souter, J. Action by Thomas Miller, Jr., against the Township of Oakwood. Judgment for plaintiff. Defendant appeals. . The fact that Mr. Dobie had, for a period of years, permitted a trail to be traveled across his farm, had no bearing upon the question of the public usefulness and necessity of the road.
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Appeal from District Court, Walsh County; Souter, J. Action by Thomas Miller, Jr., against the Township of Oakwood. Judgment for plaintiff. Defendant appeals. . The fact that Mr. Dobie had, for a period of years, permitted a trail to be traveled across his farm, had no bearing upon the question of the public usefulness and necessity of the road. Opp v. Timmons, 149 Ind. 239, 48 N. E. Rep. 1028. The repeated questioning of witnesses over objection, by which questions material facts in issue were assumed, constituted prejudicial error. 1 Thomp. Trials, 369. The court should have charged the…
1Opinion of the CourtBartholomew, C. J.
On the 26th day of July, 1898, the board of supervisors of the township of Oakwood, in Walsh county, made an order discontinuing- a public highway theretofore regularly established and running east and west across section 4 in said township on the quarter section line. From such order the respondent herein appealed to the District Court of said county, as by statute provided. Section 1069, Rev. Codes. The trial of the issues ot fact to a jury in the District Court resulted in a judgment setting aside and reversing the order of the township supervisors. From the judgment of the District Court,…
2Cases cited3 opinions
- City of Detroit v. BeecherMichigan Supreme Court · 1889
- People Ex Rel. Miller v. . GriswoldNew York Court of Appeals · 1876
- Webb v. Town of Rocky-HillSupreme Court of Connecticut · 1852
3Cited by5 opinions
- Wallace v. Hughes Electric Co.North Dakota Supreme Court · 1919
- County of Morton v. ForesterNorth Dakota Supreme Court · 1918
- Hulett v. SnookNorth Dakota Supreme Court · 1928
- Mercer County v. SailerNorth Dakota Supreme Court · 1921
- Olcott v. GuerinckCuyahoga Circuit Court · 1899