State v. Kitchen
Missouri Court of Appeals
Appeal from. Phelps Comity Circuit Court. — Hon. L. B. Woodside, Judge. (1) To establish a public highway by prescription under our statute, the road must have been used for ten consecutive years by the public as a highway, and there must have been public money or labor expended on it for such period, that is, for ten consecutive years.
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Appeal from. Phelps Comity Circuit Court. — Hon. L. B. Woodside, Judge. (1) To establish a public highway by prescription under our statute, the road must have been used for ten consecutive years by the public as a highway, and there must have been public money or labor expended on it for such period, that is, for ten consecutive years. R. S. 1909, vol. 3, sec. 10446. (2) Under the testimony of Clift, who assisted in cutting out this road, it was opened up for the first time in 1879. That being true no road was established by prescription under public user prior of the Act of 1887. Strong v.…
1Opinion of the CourtBradley, J.
The prosecuting attorney of Phelps county proceeded by' information against the defendant for the violation of section 10533, Revised Statutes 1909. It is charged that the defendant did unlawfully, wilfully and knowingly obstruct a certain public road leading from Edgar Springs to Relfe and known as the Edgar Springs and Newburg road in the said county of Phelps by fencing and building a fence of posts, wire and a gate across and upon the right of way of said public road to the great hindrance, annoyance and inconvenience of the public.
The proceedings were instituted in .a justice of the…
2Cited by13 opinions
- Drydale v. KiserSupreme Court of Missouri · 1967
- State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
- George v. CrosnoMissouri Court of Appeals · 1952
- Rosemann v. AdamsSupreme Court of Missouri · 1966
- Lee v. SmithMissouri Court of Appeals · 1972
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