City of Beatrice v. Black
Nebraska Supreme Court
Appeal from the district court for Gage county. Heard below before Appelget, J. By using the west half of the highway the public retained its rights over the east half, though it did not use the latter for more than five years. (O’Dea v. State, 16 Neb., 242; Moore v. Roberts, 64 Wis., 538 [25 N. W. Rep., 564], The road having been used by the public for at least thirteen years, it will be presumed that it had been duly established by the commissioners.
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Appeal from the district court for Gage county. Heard below before Appelget, J. By using the west half of the highway the public retained its rights over the east half, though it did not use the latter for more than five years. (O’Dea v. State, 16 Neb., 242; Moore v. Roberts, 64 Wis., 538 [25 N. W. Rep., 564], The road having been used by the public for at least thirteen years, it will be presumed that it had been duly established by the commissioners. (Langdon v. State, 23 Neb., 509; Arnold v. flattery, 5 Ohio, 271; Anderson v. Com’rs, 12 Ohio St., 635; Beebe v. Schneidt, 13 Id., 406;…
1Opinion of the CourtMaxwell, J.
This is an action to enjoin the defendants from obstructing an alleged public road in the city of Beatrice.
It is averred in the petition that “the defendants, ¥m, Black and Cochran S. Black, as partners under the name and style of Black Brothers, own lot 32 in Green’s subdivision, being a part of the city of Beatrice, Nebraska, and the defendants, ¥m. W. Buchanan and Charles E. Buchanan, own lot 1 in block No. 35 of Smith Bros.’ addition .to said city of Beatrice; that there is a legally established highway running north and south between said two lots, thirty-three feet of which highway is…
2Cases cited1 opinion
- Langdon v. StateNebraska Supreme Court · 1888
3Cited by4 opinions
- Kendall-Smith Co. v. Lancaster CountyNebraska Supreme Court · 1909
- Peterson v. FisherNebraska Supreme Court · 1904
- Lee v. EyerlyNebraska Supreme Court · 1922
- State, Department of Roads v. ParksNebraska Supreme Court · 1970