State v. Cipra

Citations

• 71 Kan. 714
• 81 P. 488
• 1905 Kan. LEXIS 215

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Prosecution for Obstructing — Evidence. Where the state, in a criminal prosecution for the wilful obstruction of a public highway, relies upon a claim that the road was established by proceedings under the statute, it has the burden of showing either thát the owner of the land affected was given personal notice of the meeting of the viewers or that conditions existed rendering such notice unnecessary.</p> <p>2. -Acts Sufficient to Prevent Prescriptive Right’s Attaching. The maintenance of a fence across a traveled road by the owner of the land is a sufficient assertion of his rights to prevent its becoming a public highway by prescription or limitation, notwithstanding the existence of a gate at the point of crossing.</p>