Haucke v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a ruling sustaining a demurrer to plaintiffs’ petition in which he asked for damages because of the failure of the board of county commissioners to comply with its agreement with plaintiffs to build and maintain a runway for cattle across and under a highway which had been established through the plaintiffs’ land. According to the averments of the petition the plaintiffs are the owners of about one thousand acres of land, that a petition for laying out a road through the land was presented to the board upon which…