[DOWNLOAD] "Dayton Township Cass County v. Samuel" by Supreme Court of Missouri Division 2 * Book PDF Kindle ePub Free
eBook details
- Title: Dayton Township Cass County v. Samuel
- Author : Supreme Court of Missouri Division 2
- Release Date : January 13, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Action by Dayton Township of Cass County claiming a road along the east side of defendants' land to be a Township public road
and seeking to enjoin defendants from obstructing it. The court granted plaintiff the relief sought and defendants have appealed.
We have jurisdiction because plaintiff is a political subdivision of the state. Art. V, Sec. 3, Const.; Liberty Township of
Stoddard County v. Telford, Mo. Sup., 358 S.W.2d 842. The trial court made the following findings: The road was graded in the 1930's, was maintained at various times since the
1930's, motor vehicles were driven over it, it was claimed by the Township Board as a segment of the Township road system
and no one ever objected to its use except defendants. The road was maintained by the Township after defendants bought the
land over which it is located, the Township Board instructed the road overseer to grade the road, which was done and the Township
paid for it. The road was used by owners of lands north of its terminus, being their only access to these lands; it has been
open for public travel since 1949 and for more than ten years there has been public money and labor spent on it. The court
determined the road was a legally established road under provisions of § 228.190, RSMo 1959, V.A.M.S. and enjoined
its obstruction by defendants.