Rule v. Thompson

Citations

• 110 Kan. 517
• 204 P. 684
• 1922 Kan. LEXIS 88

Syllabus

<p>SYLLABUS 'BY THE COURT.</p> <p>1. Highway' — When Not Vacated or Abandoned, by Nonuse — Statute Repealed. The provisions of the statute (now repealed) that a road should be vacated if permitted to remain unopened to public use for seven years at a time cannot effect the vacation of a road through the existence of an obstacle to travel constructed only three years before its repeal.</p> <p>2. Same — Not Vacated by Nonuse of Part Thereof. Where a highway is laid out running north and then east, and the last quarter of a mile before reaching the turn is so intercepted by ravines that it cannot well be traveled until improved, the fact that travelers avoid all the obstacles in one detour and strike the east road at an angle does not amount to an abandonment of any part of the road as established.</p>