State ex rel. Sayers v. Manny

Citations

• 99 Kan. 140
• 160 P. 1014
• 1916 Kan. LEXIS 520

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Section Line — Sixty-foot Highway Created by Statute. An act was passed declaring a section line a highway, fixing its width at sixty feet, and providing that claims for damages should be presented within one year from the time it was actually opened to public use. The road was already in use as such, under proceedings establishing it as a highway forty feet wide, but the travel covered approximately sixty feet. Held, that the statute created a sixty-foot highway without further order by the road overseer.</p> <p>2. Same — Section Line — Statutory Survey — Not Conclusive Upon State. The result of a statutory survey to fix the location of a section line is not conclusive upon the state in an action to determine the position of a highway established along such line.</p> <p>3. Same — Location of Section Line — Question of Fact. The evidence held to make the true location of the section line a question of fact upon which the decision of the trial court is final.</p>