Doody v. Vaughn
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. The case was originally brought by Doody before a justice of the peace, for trespass upon lands. Defendant justified under claim that the loeus m quo was a public road. Judgment for defendant, and plaintiff appealed to the district court.
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Error to the district court for Lancaster county. Tried below before Pound, J. The case was originally brought by Doody before a justice of the peace, for trespass upon lands. Defendant justified under claim that the loeus m quo was a public road. Judgment for defendant, and plaintiff appealed to the district court. On appeal, the case was tried upon a stipulation of facts, and affidavit received as a deposition, the sufficiency and competency of the facts and records, as evidence to establish the highway, only being questioned. If plaintiff recover, it was stipulated that judgment should be…
1Opinion of the Court
Gantt, Oh. J.
This action was brought to recover damages for an alleged trespass by defendant in error upon the lands of the plaintiff. The defendant set up as a defense that the land on which the trespass is alleged to have been committed is a public ro,ad, and was used as such road. It is however admitted, “ that the road supervisor has never worked the alleged highway across plaintiff’s land, and that a wet ravine, impassable for wagons when not frozen over, crosses the alleged highway on one part of the plaintiff’s land * * * that the line of the alleged highway never has been used by the…
2Cases cited4 opinions
- Damp v. Town of DaneWisconsin Supreme Court · 1872
- Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
- Robinson v. MathwickNebraska Supreme Court · 1876
- Williams v. HolmesWisconsin Supreme Court · 1853
3Cited by6 opinions
- Letherman v. HauserNebraska Supreme Court · 1906
- Peterson v. FisherNebraska Supreme Court · 1904
- Van Horn v. State ex rel. AllenNebraska Supreme Court · 1897
- Rosenbery v. TibkeNebraska Supreme Court · 1910
- Feuerstein v. Saunders CountyNebraska Supreme Court · 1923
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