Legal Opinion

Greeley Township v. The Board of Commissioners

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 5 opinions

Error from, Saline District Court. At the May Term, 1881, the district court affirmed an order made by the Board of Commissioners of Saline county for the removal and relocation of a certain bridge, situate in Greeley Township, in that county. To reverse this order, the Township brings the case here. The facts appear in the opinion. 1. A public bridge is a highway, and the powers of the commissioners are limited by the road laws. (12 East, 192; 7 id. 588; Dass.

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Error from, Saline District Court. At the May Term, 1881, the district court affirmed an order made by the Board of Commissioners of Saline county for the removal and relocation of a certain bridge, situate in Greeley Township, in that county. To reverse this order, the Township brings the case here. The facts appear in the opinion. 1. A public bridge is a highway, and the powers of the commissioners are limited by the road laws. (12 East, 192; 7 id. 588; Dass. Stat., p. 919, ¶5; Gen. Stat. 1868, p.999, ¶ 5; Comp. L. 1862, p. 838; 22 Kas. 438, 460.) This bridge, being in a highway, is…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On November 20, 1871, the board of county commissioners of Saline county laid out and established a public highway in Smoky Hill township, in that county; and at the point where the highway intersects the Saline river, near the township line between townships 13 and 14, south, of range No. 2, west, a bridge was built at an expense exceeding $2,000, to enable the public travel to cross the river. On November 16, 1878, the county commissioners of Saline county detached a portion of the territory from Smoky Hill township and constituted a…

2Cited by5 opinions

  1. Silver v. Board of County CommissionersSupreme Court of Kansas · 1907
  2. Anderson v. Board of County CommissionersSupreme Court of Kansas · 1910
  3. Murphy v. Fairmount TownshipSupreme Court of Kansas · 1913
  4. Commonwealth v. FitzgeraldMassachusetts Supreme Judicial Court · 1895
  5. State ex rel. Fleming v. Board of County CommissionersSupreme Court of Kansas · 1912

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