State v. O'Laughlin
Supreme Court of Kansas
Appeal from Johnson District Court. A criminal complaint was made by one James Ham before a justice of the peace, charging Archie O’Laughlin and Wm. Ferguson with willfully and maliciously obstructing a highway, commonly called the “Santa Fé Road,” at the points where said road crosses the south and east lines of the southwest quarter of section 3, township 14, range 24, in Johnson county.
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Appeal from Johnson District Court. A criminal complaint was made by one James Ham before a justice of the peace, charging Archie O’Laughlin and Wm. Ferguson with willfully and maliciously obstructing a highway, commonly called the “Santa Fé Road,” at the points where said road crosses the south and east lines of the southwest quarter of section 3, township 14, range 24, in Johnson county. The action was brought under sec. 17, ch. 108, laws of 1874. A trial was had, verdict and judgment for the state, and appellants appealed to the district court. The cause came on for trial at the June Term…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Appellants .were convicted of obstructing a highway, and from such conviction have prosecuted this appeal. The principal question is, whether there was a legal highway at the point of obstruction — for that the defendants put up a fence across what had for a long time been a traveled road, was not disputed. The fact of a dedication of the *505highway was sought to be established, not by proof of an express written grant, but by evidence of facts and circumstances from which a jury might infer a dedication; and to this matter nearly all the…
2Cases cited2 opinions
- Pearsall v. PostNew York Supreme Court · 1838
- Baugan v. MannIllinois Supreme Court · 1871
3Cited by3 opinions
- Cunningham v. San Saba CountyCourt of Appeals of Texas · 1892
- Smith v. SmithSupreme Court of Kansas · 1885
- State v. O'LaughlinSupreme Court of Kansas · 1882