Reading v. Chandler
Supreme Court of Missouri
Appeal from Pike Circuit Court. — How. B. H. Dyer, Judge. (1) It is now well settled law of the various states, that a cul de sac may be a highway; or, in other words, that it is not essential that a highway be open at both ends, to form a thoroughfare; but, it may be closed at one end by private lands or building. 15 Am. & Eng. Ency. Law (2 Ed.), p. 351; 2 Words & Phrases, p. 1779; Patton v. Forgey, 171 Mo.
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Appeal from Pike Circuit Court. — How. B. H. Dyer, Judge. (1) It is now well settled law of the various states, that a cul de sac may be a highway; or, in other words, that it is not essential that a highway be open at both ends, to form a thoroughfare; but, it may be closed at one end by private lands or building. 15 Am. & Eng. Ency. Law (2 Ed.), p. 351; 2 Words & Phrases, p. 1779; Patton v. Forgey, 171 Mo. App. 1; Sec. 10456,.-R. S. 1909. (2) The judgment of the county court- establishing the public road referred to in the pleadings and the evidence, was conclusive and binding on the trial…
1Opinion of the CourtGraves, C. J.
This ease reached us from the St. Louis Court of Appeals, the certification being upon the ground that title to real estate is so involved as to invoke our jurisdiction rather than theirs.
The further salient facts are, that some time prior to this action Daniel C. Chandler, one of the defendants herein, presented a petition to the county court of Pike County, praying for a private -road of necessity over the lands of Luther F. Sparks and Lois E. Reading.' The prayer of his petition was granted and the private road duly established, but not until Sparks and Reading had invoked the judgment of…
2Cases cited2 opinions
- Young v. ByrdSupreme Court of Missouri · 1894
- Chandler v. ReadingMissouri Court of Appeals · 1908
3Cited by5 opinions
- Evans v. MansfieldSupreme Court of Missouri · 1963
- Welch v. ShipmanSupreme Court of Missouri · 1948
- Rogers v. BrocklandSupreme Court of Missouri · 1994
- Mitchell v. NicholsSupreme Court of Missouri · 1932
- Szombathy v. Ferguson-Florissant Reorganized School District R-2Missouri Court of Appeals · 1984