State v. Young
Supreme Court of Missouri
Error to Dallas Circuit Court. This was an indictment for obstructing a public road. The court gave the following instruction at the instance of the prosecution: “ If the jury believe from the evidence that before the 1st day of May, 1856, the county court of Dallas county had made an order establishing a county road in the county of Dallas and had directed the same to be opened and described as alleged in said indictment, and that the same had been opened, and that the…
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Error to Dallas Circuit Court. This was an indictment for obstructing a public road. The court gave the following instruction at the instance of the prosecution: “ If the jury believe from the evidence that before the 1st day of May, 1856, the county court of Dallas county had made an order establishing a county road in the county of Dallas and had directed the same to be opened and described as alleged in said indictment, and that the same had been opened, and that the defendant since the 1st day of May, 1866, and before the finding of this indictment, in the county of Dallas, unnecessarily…
1Opinion of the Court
Scott, Judge,
delivered tbe opinion of the court.
It is not easy to see how this judgment can be reversed, as there is evidence in the record showing that tbe defendant obstructed with his fence both the old and tbe new road. No owner of land over which a road passes has any right to make any change in it but in the manner prescribed by law. Experience shows that the public generally suffers by such changes, and that they are made with an eye to the interest alone of the owner of the land. So far from the change here having been made by authority of law, it seems an attempt was made to effect…
2Cases cited1 opinion
- Missouri Institute for the Education of the Blind v. HowSupreme Court of Missouri · 1858
3Cited by7 opinions
- State v. CulverSupreme Court of Missouri · 1877
- Field v. MarkSupreme Court of Missouri · 1894
- Kansas City Milling Co. v. RileySupreme Court of Missouri · 1896
- Bauman v. BoeckelerSupreme Court of Missouri · 1893
- Evans v. AndresMissouri Court of Appeals · 1931
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