Canaday v. Hull

Citations

• 104 Kan. 785
• 181 P. 121
• 1919 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT .</p> <p>1. Highway — Petition for Public Road — Petitioners Residing in the “Vicinity of the Road” — Construction of Statute. In section 8756 of the General Statutes of 1915, the statute which provides that a petition for a public road shall be “signed by at least twelve householders of the county residing in the vicinity where said road is to be laid out,” the words “residing in the vicinity” may comprehend those residing fifteen miles away from a proposed road in the sparsely settled western counties of the state.</p> <p>2. Same — County Commissioners May Legally Act on Labor Day. A board of county commissioners can, on the first Monday of September, labor day, legally consider and act on a petition for a public road.</p> <p>3. Same — Landowner Claiming Damages — Estopped to Deny Validity of Road. Parties cannot question the validity of proceedings for laying out a public road, after they have appealed to the district court from an allowance for damages, and the appeal has been tried and determined.</p>