Board of County Commissioners v. Ralston

Citations

• 79 Kan. 432
• 100 P. 288
• 1909 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways—Establishment—Notice to Landowner—Jurisdiction. The notice to a landowner required by section 4 of the road law (Gen. Stat. 1901, § 6019) is necessary to give the board of county commissioners authority to lay out and establish a public highway over the land of such owner. (Comm’rs of Chase Co. v. Cartter, 30 Kan. 581, 1 Pac. 814.)</p> <p>2. -Notice—Evidence—Injunction. The finding that such a notice was not given to the plaintiff, who was a resident of the county, is supported by the evidence, and, no waiver being shown, is sufficient to authorize an injunction to prevent the opening of the road over her land.</p>