Lawrence County v. Deadwood & G. Toll-Road Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county.. Hon. A. J. Plowman, Judge. Proceedings by Lawrence county to locate a public highway. Prom the action of the county commissioners ratifying the assessment for damages, Ellen Scott and the Deadwood & Gayville Toll Road Company appealed to the circuit court, from whose' decision in favor of the county they appeal. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county.. Hon. A. J. Plowman, Judge. Proceedings by Lawrence county to locate a public highway. Prom the action of the county commissioners ratifying the assessment for damages, Ellen Scott and the Deadwood & Gayville Toll Road Company appealed to the circuit court, from whose' decision in favor of the county they appeal. The facts are stated in the opinion. The county by its condemnation proceedings admitted the right of appellants and the validity of their toll road. Village of Olean v. Steyma, 32 N. E. 9; Board v. Bisby, 15 Pac. 241; City of San Jose v.…
1Opinion of the CourtFuller, J.
Pursuant.to statute, and upon the requisite petition, plaintiff, by its commissioners,' undertook to locate a public highway, not on a section or quarter-section line, extending from the “southwestern limits of the city of Deadwood, in Deadwood Gulch, thence up said gulch to Central' City, all in the county of Lawrence, .South Dakota.” Upon the return of a favorable report by the viewers duly appointed, defendants objected to the proposed highway, in the manner provided by section 1210 of the Compiled Laws, yiz.: “If any person through whose land such highway or change may pass shall feel…
2Cases cited1 opinion
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