Carlson v. Allen

Citations

• 90 Kan. 457
• 135 P. 669
• 1913 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Questions of Fact Submitted to Court — Jury is Waived. During a trial the judge asked what there was in the case for a jury to settle. The plaintiff’s attorney answered that there was a question of damages. The judge then said that he would submit the question of damages to the jury and would decide the other questions himself.- No objection was made to this, proposal, and the court, also without objection, submitted to the jury only the question of what the amount of recovery should be, first, in case the plaintiff was right in his principal contention, and second, in case he was wrong. Held, that the plaintiff waived the right to have any other issues submitted to the jury.</p> <p>2. Highway — Fence Recognized as Line for Fifteen Years— Width of Road Established. Where the owner of land bordering upon a highway, the legal width of which is forty feet, sets out a hedge, intending to mark the line so as to show a greater width, and the strip so marked is used as a road by the public for fifteen years, a highway of the width indicated results, notwithstanding the hedge is not maintained throughout the. entire distance for all of that time.</p> <p>3. -; — • Township May Recover Damages to Road by Landowner. A township is entitled to recover from an individual an amount which it has necessarily expended in making repairs to a highway which were occasioned by his wrongful act.</p>