Hughes v. Beggs

The appellees petitioned for the vacation of *428a highway, and the appellants remonstrated, but the circuit court decided in favor of the petitioners.

Counsel for the appellants insist that the statute does not provide for the vacation of part of a highway. In this they are in error. If part, of a highway ceases to be of public utility it may be vacated. It is a question to be tried by the proper court whether the vacation of a part of a highway will benefit the public; and, while it is no doubt true that, as a general rule, it would be an injury to the public to vacate part of a highway, still…