Webster v. White

Citations

• 8 S.D. 479
• 66 N.W. 1145
• 1896 S.D. LEXIS 65

Syllabus

<p>1. The location by the county surveyor of the section lines under Act 1890, Chap. 35, which makes the survey presumptively correct, only makes such location prima facie evidence against the landowners.</p> <p>2. Township officers trespassing upon land in the attempt to locate a section line highway on a line other than its proper location are personally liable for the trespass.</p> <p>3. That, in a suit to enjoin township officers from opening a highway, they are not sued in their official capacity, does not require a reversal of a decree granting such injunction.</p> <p>4. A request by defendant for a trial by jury, made after plaintiff has closed his evidence — the parties having noted the case for trial by the court— comes too late.</p> <p>5. In an action for trespass to land, a witness should not he allowed to give his opinion as to the amount of damages, the basis upon which it was made not being shown. Corson, P. J., dissenting.</p>