Legal Opinion

Rohrbaugh v. Mokler

Wyoming Supreme Court

Decided March 29, 1920No. 956PublishedCited by 21 opinions

Error to the District Court, Natrona County; HoN. Charles E. Winter, Judge. Action by A. J. Mokler, against E. P. Rohrbaugh, Mayor of Town of Casper, now City of Casper, and others. There was a decree for plaintiff and defendants bring error. The court erred in admitting opinion evidence as to the necessity, condition or width of a street (5 Ency.

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Error to the District Court, Natrona County; HoN. Charles E. Winter, Judge. Action by A. J. Mokler, against E. P. Rohrbaugh, Mayor of Town of Casper, now City of Casper, and others. There was a decree for plaintiff and defendants bring error. The court erred in admitting opinion evidence as to the necessity, condition or width of a street (5 Ency. Ev. 681). The map and dedications in evidence indicate an intention that the lands should be dedicated as a street intersection (Strong v. Pritchett, 61 Northeastern 973; Atlas Lumber Co. v. Quirk, 135 Northwestern 172; London, San EranJ cisco Bank…

1Opinion of the Court

Beard, Chief Justice.

In this case the plaintiffs in error were enjoined by the District Court from interfering with defendant in error in his possession of a small triangular piece of land adjoining certain lots owned by him in the town, now city, of Casper. From that decree plaintiffs in error bring the case to this court by proceedings in error.

The situation can be best understood by reference to the following plat which is a substantial copy of that part of the original plat of said town in which the subject of this suit is situated. The streets are eighty feet wide, and the full lots are…

2Cases cited13 opinions

  1. Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
  2. Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
  3. Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
  4. J. W. Denio Milling Co. v. MalinWyoming Supreme Court · 1917
  5. Baldwin v. TrimbleCourt of Appeals of Maryland · 1897

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. True Oil Co. v. Sinclair Oil Corp.Wyoming Supreme Court · 1989
  2. Hunter v. ReeceWyoming Supreme Court · 2011
  3. Oregon Basin Oil and Gas Company v. Ohio Oil CompanyWyoming Supreme Court · 1952
  4. Gay Johnson's Wyoming Automotive Service Co. v. City of CheyenneWyoming Supreme Court · 1961
  5. Sunburst Exploration, Inc. v. JensenWyoming Supreme Court · 1981

16 more not listed; retrieve them via the Exa API.

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