Shanks v. Pearson

Citations

• 66 Kan. 168
• 71 P. 252
• 1903 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Office and Officers — Bond Overseers. Road overseers are primarily and specially charged with the repair of public highways, in which, while acting within the scope of their authority, they are vested with a very broad discretion, with which courts will not interfere, except' in cases of fraud, or where there is a manifest or gross injustice which would constitute an abuse of discretion.</p> <p>2. - Showing of Bad Faith Permissible. Testimony tending to show that the repair proposed tobe made on a public road, which would operate as a special injury to another, is being made to subserve private and personal ends, and further tending to show bad faith on the part of the road overseer, is admissible in evidence in an action to enjoin the making of such repair.</p>