Legal Opinion

Town of Andover v. Cooper

South Dakota Supreme Court

Decided May 20, 1916No. File No. 3821PublishedCited by 4 opinions

Appeal from Circuit Court, Day Counity. HoN. Thos. L. Boucic, Judge. Petition to change a section line road, and to extend a street in an .incorporated1 town, to a section line road. From an order of the joint board's of the incorporated1 town, and the township of Andover, A. T. 'Cooper and others separately appealed.

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Appeal from Circuit Court, Day Counity. HoN. Thos. L. Boucic, Judge. Petition to change a section line road, and to extend a street in an .incorporated1 town, to a section line road. From an order of the joint board's of the incorporated1 town, and the township of Andover, A. T. 'Cooper and others separately appealed. Appeals consolidated, and tried1 as a single action, and from the judgment of the circuit count vacating the proceedings of the •boards, and from: an order overruling a motion for a new trial, the town of Andlovier and1 the township of Andover appealed. (x) To point one of the…

1Opinion of the CourtSmith, J.

The town, of Andover is platted and located on the northeast quarter of section 3, township 122 north, range 59 west. The right of way and depot grounds of the Chicago, Milwaukee & <St. Paul Railway Company extend across the north half of this quarter in a line slightly south of east. The platted portion of the town lies wholly south of the railroad right of way and abuts on Railroad avenue, which extends east and west along the south line of the right of way. Main street extends north and south through the central part of the platted portion of the town and terminates at Railroad avenue, no…

2Cases cited1 opinion

  1. Drummy v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1911

3Cited by4 opinions

  1. Zens v. Chicago, Milwaukee, St. Paul & Pacific RailroadSouth Dakota Supreme Court · 1991
  2. Herrmann v. Bd. of Com'rs of City of AberdeenSouth Dakota Supreme Court · 1979
  3. Zens v. Chicago, Milwaukee, St. Paul & Pacific RailroadSouth Dakota Supreme Court · 1991
  4. Zens v. Chicago, Milwaukee, St. Paul & Pacific RailroadSouth Dakota Supreme Court · 1991

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