Nelson v. Board of County Commissioners

Citations

• 82 Kan. 364
• 108 P. 797
• 1910 Kan. LEXIS 260

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Highways — Appeal from. Award — Evidence of Prior Establishment of Highway. On an appeal to the district court from an award of damages allowed by the county commissioners for the establishment of a highway the county attorney in his statement to the jury said that the land did not belong to the appellant, as a public highway had long ago been established upon that same line by the legislature. On the trial the county attorney introduced an act of the legislature by which, in 1872, roads were established on all section lines in that and other counties. At the proper time the ap pellant requested the court to instruct the jury to disregard the fact that a public highway had been established on such line, which was refused. Held, error.</p>