Baird v. Johnston

Plaintiff-appellant owned farm lands on both sides of a public highway. In 1934 defendant-appellee Board improved the highway to a width of 66 feet. Appellant had previously upon due notice refused to set his fences back to lines 33 feet from either side of the center line of the road. It is agreed that the single question presented is whether the road prior to 1934 was but 33 feet wide as claimed by appellant, or 66 feet wide as contended by appellee. If the road was but 33 feet in width, appellee must acquire by condemnation the land needed for widening the right of way, and appellant is…