Oetting v. Pollock
Missouri Court of Appeals
Appeal from Wright Comity Circuit Court. — How. C. 3. SJcinJcer, Judge. (1) The vacation of highways by nonuser is not favored and the presumption will always be-in favor of the continuance of their existence and the court will closely scrutinize the evidence relied on to show nonuser and to establish the vacation of a road by nonuser, the proof of its abandonment must be clear and satisfactory.
Read the full summary
Appeal from Wright Comity Circuit Court. — How. C. 3. SJcinJcer, Judge. (1) The vacation of highways by nonuser is not favored and the presumption will always be-in favor of the continuance of their existence and the court will closely scrutinize the evidence relied on to show nonuser and to establish the vacation of a road by nonuser, the proof of its abandonment must be clear and satisfactory. Elliott on Roads and Highways, sec. 1173; 37 Cyc. 191; Kyle v. Board of Commissioners, 91 Ind. 115. (2) In order to show the vacation of a road by abandonment, the evidence must show that the…
1Opinion of the Court
OPINION.
FARRINGTON, J.
There is no theory upon which the judgment of the trial court denying plaintiff relief can be sustained. It is alleged and proven that he will suffer irreparable damage by the maintenance of this public nuisance. It is alleged and established to our satisfaction that plaintiff has no adequate remedy at law. [State ex rel. Rucker v. Feitz, 174 Mo. App. l. c. 460, 160 S. W. 585.] It is alleged and shown that the injury to plaintiff is special — that he will suffer damage over and above that suffered by the community at large, and that his damage is different in kind and…
Also in this document: Concurrence.
2Cases cited10 opinions
- Kyle v. Board of CommissionersIndiana Supreme Court · 1884
- Hickman v. LinkSupreme Court of Missouri · 1893
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Johnson v. RasmusSupreme Court of Missouri · 1911
- Small v. BinfordIndiana Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
- Connell v. BakerMissouri Court of Appeals · 1970
- Hedges v. County Court for Ray CountyMissouri Court of Appeals · 1979
- Leslie v. MathewsonMissouri Court of Appeals · 1953
- County of Bollinger v. LaddMissouri Court of Appeals · 1978
7 more not listed; retrieve them via the Exa API.