Legal Opinion

Silver v. Board of County Commissioners

Supreme Court of Kansas

Decided July 5, 1907No. 15,011PublishedCited by 25 opinions

Error from Clay district court; Sam Kimble, judge. STATEMENT. William Silver filed his petition against the board of county commissioners of Clay county, in which he alleged, in substance, that he is the owner of a large tract of land in Clay county, on the western side and within a horseshoe bend of the Republican river; that for many years a regularly laid out public road has extended east and west along his premises and across the river; that many years ago a bridge was…

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Error from Clay district court; Sam Kimble, judge. STATEMENT. William Silver filed his petition against the board of county commissioners of Clay county, in which he alleged, in substance, that he is the owner of a large tract of land in Clay county, on the western side and within a horseshoe bend of the Republican river; that for many years a regularly laid out public road has extended east and west along his premises and across the river; that many years ago a bridge was built on this road across the river, at the toe of the horseshoe bend, and had been maintained and used as a part of the…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

According to the allegations of the petition the removal of the bridge by the county commissioners was illegal and imposed great hardship upon the plaintiff, and he would, perhaps, under the authority of Greeley Township v. Comm’rs of Saline Co., 26 Kan. 510, 514, have been entitled to enjoin the act, or may even yet not be without a remedy. However, *230before the decision of the court sustaining the demurrer can be reversed we must be able to say that the county is responsible in damages for the wrong alleged. It is well-established law that a…

2Cases cited3 opinions

  1. Eikenberry v. Township of BazaarSupreme Court of Kansas · 1879
  2. Board of Commissioners v. RiggsSupreme Court of Kansas · 1880
  3. Greeley Township v. The Board of CommissionersSupreme Court of Kansas · 1881

3Cited by25 opinions

  1. Gunther v. Board of County Road CommissionersMichigan Supreme Court · 1923
  2. Hersey v. NeilsonMontana Supreme Court · 1913
  3. Bohm v. RacetteSupreme Court of Kansas · 1925
  4. Dillwood v. RiecksCalifornia Court of Appeal · 1919
  5. Arnold v. Board of County CommissionersSupreme Court of Kansas · 1930

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