Walbridge v. Board of County Commissioners
Supreme Court of Kansas
Error from Russell district court; James H. Reeder, judge. STATEMENT. ON an ordinary petition, with the requisite number of signers,,for the laying out and opening of a public highway, the county commissioners of Russell county appointed viewers to view a proposed road forty feet wide along a certain section-line, abutting upon which the plaintiff in error owned all of three certain sections of land, which were railroad lands that he had bought from the Union Pacific Railway…
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Error from Russell district court; James H. Reeder, judge. STATEMENT. ON an ordinary petition, with the requisite number of signers,,for the laying out and opening of a public highway, the county commissioners of Russell county appointed viewers to view a proposed road forty feet wide along a certain section-line, abutting upon which the plaintiff in error owned all of three certain sections of land, which were railroad lands that he had bought from the Union Pacific Railway Company in 1883 and of which he had received a warranty deed from the company in-1885. These railroad lands were a part…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
On the authority of Cowley County v. Hooker, 70 Kan. 372, 78 Pac. 847, the plaintiff in error would have been entitled to recover all the damages he could prove to all of his land taken or affected by the laying out of. the public road had he not filed the petition in the district court. The county commissioners, having proceeded to lay out and open the road along the entire length thereof as if no road previously existed over any portion of the line, could not be heard to say, on a trial to determine the amount of damages, *344that the road or…
2Cases cited8 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- MO., ETC. RY. CO. v. Kan. Pac. Ry. Co.Supreme Court of the United States · 1878
- Kneeland v. KorterWashington Supreme Court · 1905
- Tholl v. KolesSupreme Court of Kansas · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Girves v. Kenai Peninsula BoroughAlaska Supreme Court · 1975
- St. Louis S. F. R. Co. v. LoveSupreme Court of Oklahoma · 1911
- Wenberg v. Gibbs TownshipNorth Dakota Supreme Court · 1915
- Clark v. TaylorDistrict Court, D. Alaska · 1938
- Gooding Highway District v. Idaho Irrigation Co.Idaho Supreme Court · 1917